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STATE v. FRYE

No. C 76-10-14916; CA 8064.

581 P.2d 528 (1978)

STATE of Oregon, Respondent, v. John Phillip FRYE, Appellant.

Court of Appeals of Oregon, In Banc.

Decided June 20, 1978.

On Appellant's Petition for Reconsideration filed April 26, 1978.

SCHWAB, Chief Judge.

We grant the petition for reconsideration, withdraw our former opinion and reverse and remand.

Defendant was convicted of first degree robbery. At trial he relied upon an alibi defense, the thrust of which was that he was at work at the time of the robbery. In rebuttal, the state called a witness who indicated defendant...

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