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STATE v. EBY

No. 81-1035; CA A24088; SC 29706.

673 P.2d 522 (1983)

296 Or. 63

STATE of Oregon, Petitioner On Review, v. Floyd Emmit EBY, Jr., Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided November 22, 1983.

Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petition and brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

John Daugirda, Deputy Public Defender, Salem, argued the cause for respondent on review. With him on the brief was Gary D. Babcock, Public Defender, Salem.

JONES, Justice.

The state petitions this court to reverse the decision of the Court of Appeals, 63 Or.App. 35, 663 P.2d 778, which reversed the defendant's conviction for felony murder and first degree robbery and remanded for a new trial.

The defendant was accused of shooting and killing Ted Schleining, owner of the Clackamas Auto Wreckers, during a robbery occurring on March 29, 1980...

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