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STATE v. KILPATRICK

No. C 77-07-10025; CA 9529.

582 P.2d 480 (1978)

35 Or.App. 749

STATE of Oregon, Respondent, v. Joseph Charles KILPATRICK, Appellant.

Court of Appeals of Oregon.

Decided August 8, 1978.

Attorney(s) appearing for the Case

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

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

GILLETTE, Judge.

Defendant, convicted after a jury trial of Robbery in the First Degree, ORS 164.415,1 and sentenced to fifteen years, assigns two errors on appeal: First he claims that the indictment against him should have been dismissed because of the unexplained disappearance of traces of blood from the knife which was the weapon used in the robbery; second, he claims the trial court abused...

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