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STATE v. HUMPHREY

452 P.2d 755 (1969)

STATE of Oregon, Respondent, v. John HUMPHREY, Appellant.

Supreme Court of Oregon. Department 1.

Decided April 2, 1969.

Attorney(s) appearing for the Case

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

John L. Snyder, Deputy Dist. Atty., Dallas, argued the cause and filed a brief for respondent.

Before McALLISTER, P.J., and O'CONNELL and DENECKE, JJ.

McALLISTER, Justice.

The defendant was convicted of assault and robbery while armed with a dangerous weapon and sentenced to the penitentiary for 20 years pursuant to ORS 163.280. The jury found that when defendant committed the assault and robbery he was armed with a firearm capable of being concealed upon the person and the court imposed an additional term of five years in the penitentiary pursuant to ORS 166.230 to run consecutively. ORS 166.230 provides that the...

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