STATE v. BURNS


569 P.2d 671 (1977)

30 Or.App. 1157

STATE of Oregon, Respondent, v. Earl Thomas BURNS, Appellant.

Court of Appeals of Oregon.

Decided September 26, 1977.


Attorney(s) appearing for the Case

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

W. Michael Gillette, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was James A. Redden, Atty. Gen., Salem.

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


JOHNSON, Judge.

Defendant appeals his conviction following a jury trial for robbery in the first degree, ORS 164.415, for the armed robbery of a Springfield gas station. The assignments of error concern the rebuttal testimony of defendant's sister and Officer Halford.

Defendant testified that he did not participate in the robbery. He stated that for a week before the robbery he had been living in a camper outside the apartment where his friends Davenport and...

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