STATE v. MILLER


467 P.2d 973 (1970)

STATE of Oregon, Respondent, v. Gerald Drew MILLER, Appellant.

Court of Appeals of Oregon, Department 2.

Decided April 16, 1970.

Rehearing Denied May 12, 1970.

Review Denied June 23, 1970.


Attorney(s) appearing for the Case

Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him 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 Lee Johnson, Atty. Gen. and Jacob B. Tanzer, Sol. Gen., Salem.

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


LANGTRY, Judge.

Defendant, Gerald Miller, appeals from a conviction by a jury of armed robbery. ORS 163.280.

Defendant's brother, Ronald Miller, was identified as an armed robber who held up the clerk in a Plaid Pantry store. An acquaintance of the defendant testified that she and her husband went to the store on the evening of the robbery. As her husband approached the store, she saw defendant, who she positively identified, standing outside. She saw defendant...

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