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STATE v. MARLING

529 P.2d 957 (1974)

STATE of Oregon, Respondent, v. George Dennis MARLING, Appellant.

Court of Appeals of Oregon.

Decided December 16, 1974.

Rehearing Denied January 22, 1975.

Review Denied February 11, 1975.

Attorney(s) appearing for the Case

Gerald A. Martin, Bend, argued the cause for appellant. With him on the brief were Gray, Fancher, Holmes & Hurley, Bend.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

LANGTRY, Judge.

Tried before a jury, defendant was found guilty of the crime of robbery in the first degree. ORS 164.415. Four assignments of error are included in this appeal from the judgment based upon that verdict. Two challenge the testimony of witnesses produced by the state, which was admitted over objection; one challenges an instruction based upon ORS 17.250(6) and (7);1 and the last asserts it was error to deny a motion seeking...

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