STATE v. BREWER


517 P.2d 264 (1973)

STATE of Oregon, Respondent, v. James Lewis BREWER, Petitioner.

Supreme Court of Oregon.

Decided December 20, 1973.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the briefs was Gary D. Babcock, Public Defender, Salem.

John W. Osburn, Solicitor Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.


BRYSON, Justice.

The defendant Brewer and one Muncey1 were jointly indicted in Jackson County for conspiracy to commit first degree robbery. ORS 161.450. Defendant waived a jury and was found guilty by the trial court. The Court of Appeals upheld the conviction2 and we accepted review.

The defendant and Muncey were arrested during the early morning hours of April 15, 1972, in Medford, Oregon. They were...

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