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STATE v. STARK

490 P.2d 511 (1971)

STATE of Oregon, Respondent, v. William Gerald STARK, Appellant.

Court of Appeals of Oregon, Department 2.

Decided November 5, 1971.

Attorney(s) appearing for the Case

Laird Kirkpatrick, Eugene, argued the cause for appellant. With him on the briefs were Leslie M. Swanson, Jr. and Johnson, Johnson & Harrang, Eugene.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Solicitor Gen., Salem.

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

FOLEY, Judge.

The defendant was convicted by a jury of unarmed robbery, ORS 163.290. He assigns as error improper use of a leading question, confusing jury instructions and conviction by less than unanimous verdict.

The defendant, 18 at the time of the offense, and Ronald Hansen, also indicted with him, attended a party where they consumed some alcoholic beverages with several others on the night of the robbery. The defendant, Hansen and his brother and several...

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