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STATE v. KNISS

455 P.2d 177 (1969)

STATE of Oregon, Respondent, v. Dennis Lee KNISS, Appellant.

Supreme Court of Oregon, Department 1.

May 28, 1969.

Attorney(s) appearing for the Case

Vincent G. Ierulli, Portland, argued the cause for appellant. With him on the brief were Franklin, Olsen, Bennett, DesBrisay & Jolles, Portland.

Jacob B. Tanzer, Asst. Chief Deputy Dist. Atty., Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty.

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

McALLISTER, Justice.

The defendant was found guilty of armed robbery and appeals from a life sentence in the penitentiary.

The only error assigned is the giving to the jury the statutory instruction taken from ORS 17.250(6) and (7) as follows:

"You are instructed that evidence is to be estimated not only by its own intrinsic weight, but also according to the evidence which it is in the power of one side to produce and of the other to contradict. And...

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