STATE v. DREW


494 P.2d 270 (1972)

STATE of Oregon, Respondent, v. Gaylord S. DREW, Appellant.

Court of Appeals of Oregon, Department 2.

Decided February 25, 1972.

Rehearing Denied March 21, 1972.

Review Denied May 16, 1972.


Attorney(s) appearing for the Case

James R. Strickland, and Gary K. Jensen, Eugene, argued the cause for appellant. With them on the brief were Dwyer, Jensen & Kulongoski, and Hansen, Curtis, Hendershott & Strickland, Eugene.

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

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


LANGTRY, Judge.

Defendant Drew was jointly indicted with Jerome P. Foster, tried separately, and convicted by jury of first degree felony murder. He appeals from the resulting judgment, alleging numerous errors, part of which do not merit discussion.

In the indictment it is alleged that the defendants "in the commission of and attempt to commit armed robbery," shot the victim. Defendant demurred to the indictment, claiming it charged more than one crime: namely...

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