STATE v. NEELY

36281; CA A35044.

743 P.2d 1141 (1987)

87 Or.App. 706

STATE of Oregon, Respondent, v. Willis Trenton NEELY, Appellant.

Court of Appeals of Oregon, In Banc.

Decided October 14, 1987.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, and Diane L. Alessi, Deputy Public Defender, Salem, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Terry Ann Leggert, Asst. Atty. Gen., Salem, filed the brief for respondent.


DEITS, Judge.

Defendant appeals his conviction for robbery in the second degree. He assigns as errors the trial court's refusal to suppress a gun surrendered by him to his probation officer, the denial of his motion for judgment of acquittal of robbery in the second degree and the court's refusal to instruct the jury on robbery in the third degree. We affirm.

On March 25, 1984, a convenience store in Bend was robbed by a man who threatened the clerk by lifting...

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