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STATE v. BROOM

472 P.2d 823 (1970)

STATE of Oregon, Respondent, v. Mark BROOM, Jr., Appellant.

Court of Appeals of Oregon, Department 1.

Decided July 23, 1970.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, filed the brief for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Lee Johnson, Atty. Gen., Salem, filed the brief for respondent. With him on the brief was Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and BRANCHFIELD, JJ.

PER CURIAM.

Defendant, upon trial by jury, was convicted of armed robbery. The indictment charged him with robbing a service station attendant at gunpoint, taking approximately $70 and the attendant's gold wristwatch.

The attendant's testimony at the trial was that a man whom he positively identified as the defendant assaulted him by threatening him with a small-caliber gun and then took approximately $70 and the...

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