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STATE v. ALLISON

No. C 78-08-14039; CA 13080.

595 P.2d 1295 (1979)

40 Or.App. 611

STATE of Oregon, Respondent, v. Michael Rex ALLISON, Appellant.

Court of Appeals of Oregon.

Decided June 11, 1979.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on brief, was Gary D. Babcock, Public Defender, Salem.

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on brief, were James A. Redden, Atty. Gen. and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and TANZER, RICHARDSON and ROBERTS, JJ.

PER CURIAM.

Defendant was convicted of participation in a robbery. There was no evidence of his involvement beyond his presence at the scene. This was insufficient to make a jury question.

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