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STATE v. BARTON

492 P.2d 828 (1972)

STATE of Oregon, Respondent, v. Mark Steven BARTON, Appellant.

Court of Appeals of Oregon, Department 2.

Decided January 14, 1972.

Attorney(s) appearing for the Case

Paul Caruso, Beverly Hills, Cal., argued the cause for appellant. With him on the briefs was Oscar D. Howlett, Portland.

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, Sol. Gen., Salem.

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

LANGTRY, Judge.

Defendant appeals from a conviction of first degree murder. ORS 163.010(1). He was jointly indicted with Tina Lee Tremblay, Robert Antonio Tremblay and Raymond David Pister for killing Gary Eugene DeVillez on July 16, 1969. They were tried separately. Defendant assigns as error (1) the trial court's instruction on certain presumptions, and (2) instruction on "felony murder" based on burglary. Our resolution of these assignments of error does not require...

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