STATE of Oregon, Respondent,
v.
Robert Alan ARMSTRONG, Appellant.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted February 22, 1978.
Decided January 29, 1979.
Attorney(s) appearing for the Case
Robert C. Cannon, 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 Al J. Laue, Sol. Gen., Salem.
Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.
Court of Appeals of Oregon.
JOSEPH, Judge.
Defendant was charged with murder, the indictment alleging that he
"did intentionally and unlawfully cause the death of * * * a human being, by shooting him with a .38 caliber handgun; and, in the alternative, while engaged in the course of and in furtherance of attempting to commit robbery, and while in immediate flight therefrom, the said [defendant] did cause the death of * * * a human being, who was not then and there a participant, by...
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