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STATE v. CAMPBELL

No. C80-10-33681; CA A20373.

642 P.2d 346 (1982)

56 Or.App. 527

STATE of Oregon, Respondent, v. Dennis Eugene CAMPBELL, Appellant.

Court of Appeals of Oregon.

Decided March 22, 1982.

Attorney(s) appearing for the Case

Marilyn C. McManus, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Rudolph S. Westerband, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

VAN HOOMISSEN, Judge.

Defendant appeals his jury conviction for robbery in the first degree. ORS 164.415.1 He contends that the court erred (1) in denying his motion in limine and motion for new trial, because the state was collaterally estopped to litigate whether he was armed with a deadly weapon; (2) in denying his motion for judgment of acquittal, because the evidence was insufficient to show a weapon was used in the robbery; and ...

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