STATE v. THURSTON


554 P.2d 614 (1976)

26 Or.App. 753

STATE of Oregon, Respondent, v. Timothy Patrick THURSTON, Appellant.

Court of Appeals of Oregon.

Decided September 13, 1976.


Attorney(s) appearing for the Case

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

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Lee Johnson, Atty. Gen., Christopher J. Fox, Certified Law Student, and W. Michael Gillette, Sol. Gen., Salem.

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


LEE, Judge.

Defendant appeals his conviction of murder (ORS 163.115) and robbery in the first degree (ORS 164.415). His appeal is premised on the contention that evidence of other crimes was improperly admitted at trial.

On May 19, 1975 the U & I Tavern, located in Portland, was robbed; the time of the robbery was just after midnight. There were two robbers, both unmasked white men. The shorter of the two men appeared to be the older of the two, wore glasses...

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