STATE v. JOHNSON


521 P.2d 355 (1974)

STATE of Oregon, Respondent, v. Rodney Lewis JOHNSON, Appellant. State of Oregon, Respondent, v. Bobby Ray Mitchell, Appellant.

Court of Appeals of Oregon.

Decided April 22, 1974.

Rehearing Denied May 22, 1974.

Review Denied June 11, 1974.


Attorney(s) appearing for the Case

J. Fred Brandenfels, Eugene, argued the cause and filed the brief for appellant Johnson.

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant Mitchell. On the brief were Gary D. Babcock, Public Defender, and J. Marvin Kuhn, Deputy Public Defender, Salem.

Timothy Wood, 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 THORNTON, JJ.


THORNTON, Judge.

Defendants were jointly tried on separate indictments, each charging two counts of first degree robbery, ORS 164.415, and one count of second degree robbery, ORS 164.405.1 The court granted defendants' motion of acquittal as to Count II (first degree robbery) of each indictment and submitted Count I (first degree) and Count III (second degree) of each to the jury.

After 15 hours of deliberation, the jury reported...

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