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STATE v. NOBLE

554 P.2d 533 (1976)

26 Or.App. 921

STATE of Oregon, Respondent, v. Wade Benjamin NOBLE, Appellant.

Court of Appeals of Oregon.

Decided September 27, 1976.

Attorney(s) appearing for the Case

Paul J. De Muniz, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Freeman Tate, Certified Law Student, 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 THORNTON and LEE, JJ.

LEE, Judge.

Defendant appeals his conviction of robbery in the first degree, ORS 164.415,1 contending error in the failure to give two requested instructions.

The state's evidence showed that the defendant threatened the victim with a knife while the defendant and others took part of the victim's possessions. Defendant's evidence revealed no use or threats of force to take any of the victim...

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