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STATE v. MERSHON

No. C-49293.

460 P.2d 363 (1969)

STATE of Oregon, Respondent, v. Freddie Michael MERSHON, Appellant.

Court of Appeals of Oregon, In Banc.

Decided November 7, 1969.

Attorney(s) appearing for the Case

Douglas M. Fellows, Portland, argued the cause for appellant. With him on the briefs was Eugene L. Parker, Portland.

Billy L. Williamson, Deputy Dist. Atty., Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

FORT, Judge.

The defendant was convicted of armed robbery. On this appeal he raises three assignments of error. We will consider them in the order assigned.

The first arises out of the refusal of the court to allow a motion for

"* * * a jury view coupled with an experiment, or a jury view coupled with a demonstration or a jury view alone."

The robbery was committed about 2:30 a.m. on September 9, 1967, in a parking lot which served a tavern...

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