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STATE v. NEWTON

462 P.2d 696 (1969)

STATE of Oregon, Respondent, v. Andrew Albert NEWTON, Appellant.

Court of Appeals of Oregon.

Decided December 24, 1969.

Attorney(s) appearing for the Case

R. Dale Kneeland, Portland, argued the cause and filed the brief for appellant.

Jacob B. Tanzer, Sol. Gen., Salem, argued the cause for respondent. On the brief were Helen B. Kalil, Deputy Dist. Atty., and George Van Hoomissen, Dist. Atty., Portland.

Before SCHWAB, C.J., and FOLEY and BRANCHFIELD, JJ.

BRANCHFIELD, Judge.

This is an appeal by the defendant from a judgment of conviction on the charge of assault and robbery while armed with a dangerous weapon.

On May 4, 1967, a grocery store in Portland owned and operated by one James L. Pritchett was held up, and Mr. Pritchett was forced at knife point to empty the contents of his cash drawer into a paper sack for the robber. Immediately preceding the hold-up, the defendant browsed through the store and was...

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