STATE v. BREWER


504 P.2d 1067 (1973)

STATE of Oregon, Respondent, v. James Lewis BREWER, Appellant.

Court of Appeals of Oregon.

Decided January 5, 1973.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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


THORNTON, Judge.

Defendant and Emmett Ray Muncey were jointly indicted for the crime of conspiracy to commit first degree robbery in violation of ORS 161.450,1 but were tried separately. Defendant Brewer waived a jury, was tried by the court and found guilty as charged.2 He appeals.

At trial defendant moved for a judgment of acquittal. The court denied this motion and, on appeal, the defendant contends...

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