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STATE v. SUPER

No. C 77-08-11953; CA No. 10692.

589 P.2d 741 (1979)

38 Or.App. 3

STATE of Oregon, Respondent, v. Robert SUPER, Appellant.

Court of Appeals of Oregon.

Decided January 15, 1979.

Attorney(s) appearing for the Case

S. Randall Johnson, Certified Law Student, Salem, argued the cause for appellant. With him on the brief were Gary D. Babcock, Public Defender, and Marianne Oswald, Deputy Public Defender, Salem.

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the briefs were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE and RICHARDSON, JJ.

LEE, Judge.

Defendant was tried by a jury and found guilty of both conspiracy to commit robbery in the first degree (conspiracy) and robbery in the first degree (robbery). The defendant did not testify. His two co-conspirators did.1 The testimony of one was that the defendant conspired to commit the robbery and then participated in it. The testimony of the other was that defendant was not involved. Upon return of the two guilty verdicts...

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