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STATE v. MARTIN

516 P.2d 753 (1973)

STATE of Oregon, Respondent, v. Emmett Woodrow MARTIN, Appellant.

Court of Appeals of Oregon.

Decided December 3, 1973.

Rehearing Denied January 3, 1974.

Review Denied February 20, 1974.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed the briefs for appellant.

Timothy Wood, 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 TANZER, JJ.

TANZER, Judge.

Defendant was indicted for robbery in the first degree. ORS 164.415. Following a jury trial he was convicted and sentenced to three years' imprisonment.

Defendant's first assignment of error challenges the denial of his general motion for judgment of acquittal. He argues for the first time on appeal that he could not be guilty of robbery because the state proved that he was merely attempting to collect...

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