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STATE v. SEEGER

479 P.2d 240 (1971)

STATE of Oregon, Respondent, v. Robert Donald SEEGER, Appellant.

Court of Appeals of Oregon, Department 1.

Decided January 7, 1971.

Attorney(s) appearing for the Case

Nikolaus Albrecht, Portland, 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 FORT, JJ.

FOLEY, Judge.

Defendant was convicted by jury of assault and robbery while armed and sentenced to 18 years' imprisonment. He appeals, making one assignment of error, which was based upon a remark made by the prosecuting attorney immediately after the prosecutor had concluded his opening statement to the jury. At that point the following occurred:

"[COUNSEL FOR DEFENDANT]: Your Honor, we will reserve our opening statement until the time when we put on our...

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