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STATE v. BROWN

No. C-58424.

491 P.2d 1193 (1971)

STATE of Oregon, Respondent, v. Joe Cleophus BROWN, Jr., Appellant.

Court of Appeals of Oregon, Department 2.

Decided December 27, 1971.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed the brief for appellant.

John W. Osburn, Solicitor General, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and THORNTON, JJ.

LANGTRY, Judge.

Defendant appeals from conviction of second degree murder. He was jointly indicted with Roger Allen Shirley for the homicide of one Tucker.1

The evidence was that Tucker had taken a Mercury automobile and five baggies of heroin belonging to defendant Brown and had not returned them or money for them to Brown; that Brown was looking for Tucker and according to two witnesses, "he said that if he saw Bruce Tucker he...

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