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STATE v. THOMPSON

228 Or. 496 (1961)

364 P.2d 783

STATE OF OREGON v. THOMPSON

Supreme Court of Oregon.

Reversed and remanded September 20, 1961.

Petition for rehearing denied October 24, 1961.

Attorney(s) appearing for the Case

Robert B. Duncan, Medford, and Leo Levenson, Portland, argued the cause for appellant. With them on the briefs were Duncan, Brophy, Wilson & Duhaime, Medford.

Thomas J. Owens, Deputy District Attorney, Medford, argued the cause for respondent. With him on the brief was Alan B. Holmes, District Attorney, Medford.

Before PERRY, Presiding Justice, and SLOAN, O'CONNELL, GOODWIN and LUSK, Justices.

REVERSED, NEW TRIAL ORDERED.

SLOAN, J.

Defendant was convicted of armed robbery. He has appealed from the judgment of life imprisonment that followed. The troublesome assignment concerns the admission into evidence of a revolver found at the defendant's home when he was arrested. The problem revolver was a .22 caliber of the type customarily used for target and light sport shooting.

The robbery in question was committed at a supermarket in Medford...

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