STATE v. DUDLEY


564 P.2d 711 (1977)

29 Or.App. 471

STATE of Oregon, Respondent, v. Donald Ray DUDLEY, Appellant.

Court of Appeals of Oregon.

Decided May 23, 1977.


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.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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


THORNTON, Judge.

Defendant appeals from a conviction for robbery in the first degree, ORS 164.415. Defendant's sole contention on appeal is that the trial court's failure to give a requested instruction on alibi constituted reversible error.

Defendant was charged with robbing an acquaintance who had provided him with a place to stay for a short period. The evidence is overwhelming that defendant struck the victim in the back of the head with a hammer on February...

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