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STATE v. LOWRY

No. 78-2-298; CA 16150.

641 P.2d 1144 (1982)

56 Or.App. 189

STATE of Oregon, Respondent, v. Robert Dale LOWRY, Appellant.

Court of Appeals of Oregon.

Decided March 8, 1982.

Attorney(s) appearing for the Case

Thomas J. Crabtree, Deputy Public Defender, Salem, argued cause for appellant. With him on brief was Gary D. Babcock, Public Defender, Salem.

Karen H. Green, Asst. Atty. Gen., Salem, argued cause for respondent. With her on brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.

BUTTLER, Presiding Judge.

Defendant appeals his conviction for robbery in the first degree, ORS 164.415, assigning as errors (1) denial of his request for a preliminary hearing after indictment; (2) denial of his motions to dismiss or for mistrial based upon "forensic misconduct" by the prosecutor; (3) denial of his right to a speedy trial; and (4) instructing the jury on second-degree robbery. We affirm.

Defendant's first contention was disposed of in

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