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STATE v. GREENE

568 P.2d 716 (1977)

30 Or.App. 10198

STATE of Oregon, Respondent, v. Michael Lynn GREENE, Appellant.

Court of Appeals of Oregon.

Decided September 19, 1977.

Attorney(s) appearing for the Case

Gary L. Hooper, 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 James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

TANZER, Judge.

Defendant appeals his conviction on two counts of first degree robbery and one count of first degree burglary. We reverse and remand for a new trial.

Just before midnight on October 18, 1976, three men armed with guns entered a residence in Clackamas County, assaulted the two occupants and stole some cash, a motorcycle and some jewelry. The victims were unable to identify their assailants, but a neighbor reported seeing an automobile parked...

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