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STATE v. ATTEBERY

No. C 77-03-03428; CA 8789.

591 P.2d 409 (1979)

39 Or.App. 141

STATE of Oregon, Respondent, v. Lawrence Edward ATTEBERY, Appellant.

Court of Appeals of Oregon.

Decided March 5, 1979.

Attorney(s) appearing for the Case

James E. Mountain, Jr., Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

W. Benny Won, 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 appeals his conviction after trial by jury for murder,1 assigning three separate alleged errors. We affirm.

The death in this case occurred as the result of the victim of a March 19, 1976, pharmacy robbery being struck on the head during the robbery. He died several months later.

Defendant's first assignment of error concerns the trial court's admission into evidence of an incriminating statement...

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