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STATE v. HINES

86-CR-42; CA A40060.

735 P.2d 618 (1987)

84 Or.App. 681

STATE of Oregon, Respondent, v. Neil G. HINES, Appellant.

Court of Appeals of Oregon.

Decided April 15, 1987.

Reconsideration Denied May 22, 1987.

Attorney(s) appearing for the Case

Sally L. Avera, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

WARDEN, Presiding Judge.

Defendant appeals from a judgment of conviction for robbery in the first degree. He assigns error to the trial court's submission to the jury of Uniform Criminal Jury Instruction No. 1005,1 contending that it unfairly shifted the burden of proof to him.

Defendant relies on State v. Rainey, 298 Or. 459, 693 P.2d 635 (1985), which involved...

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