STATE v. FENTRESS

No. C 77 06 07807; CA 9431.

580 P.2d 1044 (1978)

35 Or.App. 63

STATE of Oregon, Respondent, v. Robert Warren FENTRESS, Appellant.

Court of Appeals of Oregon.

Decided July 5, 1978.


Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed the brief for appellant.

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

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


THORNTON, Judge.

Defendant appeals from a conviction after a jury trial of first degree robbery. ORS 164.415. He makes two assignments of error: (1) that the trial court erred in instructing the jury that it might infer that a firearm pointed at another person is loaded; and (2) that the trial court erred in denying defendant's motion for a new trial on the ground of newly discovered evidence.1

On March 9, 1977, the victim in this...

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