STATE v. GIBBONS


462 P.2d 680 (1969)

STATE of Oregon, Respondent, v. Louis GIBBONS, Appellant.

Court of Appeals of Oregon, In Banc.

Decided December 24, 1969.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

James A. Sanderson, Deputy Dist. Atty., Klamath Falls, argued the cause for respondent. With him on the brief was Donald R. Crane, Dist. Atty., Klamath Falls.


BRANCHFIELD, Judge.

This is an appeal by the defendant from a judgment of conviction for the crime of robbery while not armed with a dangerous weapon.

In appealing, the defendant submits two assignments of error: First, that the circuit court erred in denying defendant's motion for a directed judgment of acquittal; and second, that the court erred in giving the jury an instruction on flight when no evidence of flight was presented.

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