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STATE v. PEYTON

493 P.2d 1393 (1972)

STATE of Oregon, Respondent, v. Ores Haydon PEYTON, II, Appellant.

Court of Appeals of Oregon, Department 2.

Decided February 25, 1972.

Rehearing Denied March 21, 1972.

Review Denied April 18, 1972.

Attorney(s) appearing for the Case

Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Walter L. Barrie, 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 FORT, JJ.

FORT, Judge.

Defendant and one Johnny Lee Cannon were jointly indicted for the crime of armed robbery. ORS 163.280. They were tried separately. The defendant was convicted. He appeals, urging four assignments of error.

At approximately 9:25 p.m. on July 3, 1970, while working in the back portion of his grocery store in Medford, Oregon, Raymond Gould was confronted by a man with a .45 caliber revolver. Mr. Gould was told to turn around and walk to the front...

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