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STATE v. ROOK

511 P.2d 1245 (1973)

STATE of Oregon, Respondent, v. Darrell Dean ROOK, Appellant.

Court of Appeals of Oregon.

Decided July 16, 1973.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the briefs was Gary D. Babcock, Public Defender, Salem.

Doyle L. Schiffman, Dist. Atty., Roseburg, argued the cause and filed the brief for respondent.

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

FORT, Judge.

Defendant was separately indicted and jointly tried and convicted on two charges of first degree murder. Former ORS 163.010(1). He appeals. Prior to this trial he was indicted, tried and convicted of first degree murder arising out of a killing occurring at approximately the same time and place. His conviction thereon was affirmed by this court in State v. Rook, 10 Or.App. 367, 499 P.2d 830<...

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