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STATE v. DeVORE

539 P.2d 1124 (1975)

STATE of Oregon, Respondent, v. Robert Allen DeVORE, Appellant.

Court of Appeals of Oregon.

Decided September 10, 1975.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Bary D. Babcock, Public Defender, Salem.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Gary D. Bab-Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

PER CURIAM.

The defendant was convicted of attempted murder and of burglary, and given concurrent sentences. On appeal the state concedes that the trial court committed reversible error in denying defendant's motion for judgment of acquittal on the charge of attempted murder. State v. Smith, Or. App., 75 Adv.Sh. 1620, 534 P.2d 1180, Sup.Ct. review denied (1975).

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