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STATE v. MILLER

465 P.2d 894 (1970)

STATE of Oregon, Respondent, v. Harley William MILLER, Appellant.

Court of Appeals of Oregon, Department 1.

Decided March 5, 1970.

Attorney(s) appearing for the Case

Glenn D. Ramirez, Klamath Falls, argued the cause and filed the briefs for appellant.

Jacob B. Tanzer, Sol. Gen., Salem, argued the cause for respondent. On the brief was Donald R. Crane, Dist. Atty., Klamath Falls.

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

SCHWAB, Chief Judge.

Defendant and one Glover were indicted for the crime of assault and robbery while armed with a dangerous weapon. Defendant was tried separately before a jury and convicted.

At approximately 2:15 a.m., December 23, 1968, a grocery store in Klamath County, Oregon, was robbed by two men, each of whom carried a hand gun. One of the robbers was wearing sunglasses. Stolen in the robbery were currency and dimes, nickels, and pennies in rolls...

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