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STATE v. HOWARD

486 P.2d 1301 (1971)

STATE of Oregon, Respondent, v. Nathan HOWARD, Jr., Appellant.

Court of Appeals of Oregon, Department 2.

Decided July 15, 1971.

Attorney(s) appearing for the Case

John A. Pickard, Portland, argued the cause and filed the briefs 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 FORT and THORNTON, Judges.

THORNTON, Judge.

Defendant was convicted by jury trial of the crime of assault and robbery while armed, namely, with two pistols. ORS 163.280. He makes numerous assignments of error on appeal: That the "lineup" was illegally conducted; that testimony identifying the weapons was improper; that the court should not have stricken the phrase "not having a license or permit to carry said pistol" from the indictment; that defendant should have been permitted to testify...

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