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STATE v. GILBERT

555 P.2d 796 (1976)

27 Or.App. 155

STATE of Oregon, Respondent, v. Glenn Arthur GILBERT, Appellant.

Court of Appeals of Oregon.

Decided November 1, 1976.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Solicitor Gen., Salem.

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

SCHWAB, Chief Judge.

After a trial without a jury, defendant was convicted of second degree assault and murder. Upon appeal he assigns as error the denial of his motion for separate trials on each charge.

On December 2, 1975, defendant became involved in a fight with Mike Keefauver. At one point in the fight, Keefauver was rendered senseless, and Jon Byrn, a bystander, sought to aid Keefauver. When Keefauver regained...

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