STATE v. MILLER


513 P.2d 1199 (1973)

STATE of Oregon, Respondent, v. French Lee MILLER, Appellant.

Court of Appeals of Oregon.

Decided September 14, 1973.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant. A supplementary brief was filed by appellant French Lee Miller, pro se.

John H. Clough, 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 LANGTRY, P.J., and FORT and THORNTON, JJ.


THORNTON, Judge.

Defendant was convicted after jury trial of robbery in the second degree. ORS 164.405.1 On appeal he contends that the trial court erred:

(1) In denying defendant's motions for a judgment of acquittal and a directed verdict; and

(2) In allowing a defense witness to refuse to testify on account of a claim of self-incrimination.

In support of his first assignment defendant asserts that the state failed...

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