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STATE v. HANSON

513 P.2d 1202 (1973)

STATE of Oregon, Respondent, v. John Howard HANSON, Appellant. State of Oregon, Respondent, v. Ronald Ward Hughes, Appellant.

Court of Appeals of Oregon.

Decided September 14, 1973.

Attorney(s) appearing for the Case

John K. Hoover, Deputy Public Defender, Salem, argued the cause for appellants. With him on the brief were Gary D. Babcock, Public Defender, and Robert C. Cannon, Deputy Public Defender, Salem.

Doyle L. Schiffman, Dist. Atty., Roseburg, argued the cause for respondent. With him on the brief was Brian R. Barnes, Deputy Dist. Atty., Roseburg.

Before LANGTRY, P.J., and FOLEY and THORNTON, JJ.

FOLEY, Judge.

Defendants were convicted by jury of robbery in the first degree in violation of ORS 164.415 and received five-year sentences. They appeal, asserting that the trial court should have granted a motion for a judgment of acquittal and also erred in instructing the jury on the use of a "dangerous" weapon when defendants were charged with use of a "deadly" weapon.

The indictments against each of the defendants were identical and read, in pertinent...

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