STATE v. MILLER


467 P.2d 683 (1970)

STATE of Oregon, Respondent, v. Ronald Glenn MILLER, Appellant.

Court of Appeals of Oregon, Department 2.

Decided April 9, 1970.

Rehearing Denied May 5, 1970.

Review Denied June 16, 1970.


Attorney(s) appearing for the Case

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

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

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


SCHWAB, Chief Judge.

Defendant was indicted with his brother, Gerald Miller, tried separately before a jury and convicted of the crime of assault and robbery while being armed with a dangerous weapon. The robbery took place on the night of April 7, 1968, at a neighborhood grocery store in Portland. Only one robber, the defendant, entered the store.1 The defendant, brandishing a hand gun, told the clerk of the store, one Rekdahl, that it...

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