STATE v. THORNE

No. 77-141-C-3; CA 12709; No. 78-533-C-3; CA 12710.

599 P.2d 1206 (1979)

41 Or.App. 583

STATE of Oregon, Respondent, v. Charles Daniel THORNE, Appellant.

Court of Appeals of Oregon.

Decided August 20, 1979.


Attorney(s) appearing for the Case

Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for appellant. With him on the briefs was Gary D. Babcock, Public Defender, Salem.

James M. Brown, 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 TANZER, RICHARDSON and ROBERTS, JJ.


ROBERTS, Judge.

Defendant seeks reversal of his conviction for robbery in the first degree and vacation of an order revoking his probation. Defendant contends that a jury instruction, couched in terms of a disputable presumption, shifted the burden of proof to him as to one element of the crime and that a photo throwdown should not have been submitted to the jury. We reverse and remand.

Defendant was charged by indictment with robbery in the first degree under...

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