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STATE v. SMITH

532 P.2d 9 (1975)

STATE of Oregon, Respondent, v. Emma Mae SMITH, Petitioner.

Supreme Court of Oregon.

Decided February 21, 1975.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the briefs was Gary D. Babcock, 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 O'CONNELL, C.J., and McALLISTER, HOLMAN, TONGUE, HOWELL, BRYSON and SLOPER, JJ.

O'CONNELL, Chief Justice.

Defendant was charged with first degree robbery of Carson Jones. (ORS 164.415.) She pleaded not guilty, was tried and convicted. The Court of Appeals affirmed the judgment of conviction.1 Defendant's petition for review was then granted.

On October 1, 1973, defendant and two other young women picked up a hitchhiker, Carson Jones. Mr. Jones was driven to a deadend...

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