STATE v. STONEBERG


517 P.2d 333 (1973)

STATE of Oregon, Respondent, v. William Lewis STONEBERG, Appellant.

Court of Appeals of Oregon.

Decided December 17, 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.

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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


FORT, Judge.

Defendant, William Lewis Stoneberg, was convicted by jury of second degree robbery. ORS 164.405. He appeals that conviction. The sole assignment of error asserts that the jury should have been instructed as to the lesser included offenses of theft and attempted theft. ORS 164.015, 161.405.

On September 13, 1972, Linda Workman, Peter Falkenstein, Michael Tuttirrici and Maria Glaros were residing at 1177 Jefferson Street, Eugene, Oregon. All four...

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