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STATE v. VANCE

TC 077-07-09250; CA 9804; SC 25892.

591 P.2d 355 (1979)

285 Or. 383

STATE of Oregon, Respondent, v. Kenneth Howard VANCE, Petitioner.

Supreme Court of Oregon, In Banc.

Decided February 27, 1979.

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.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

TONGUE, Justice.

Defendant was convicted of robbery in the first degree under ORS 164.415(1), based on an information alleging that in the course of committing theft he "threaten(ed) the immediate use of physical force" upon the victim of the robbery and "was armed with a deadly weapon, to-wit: a handgun." The trial court denied defendant's motion of acquittal for failure of proof that "a deadly weapon was used" (in this case, that the gun was loaded). The trial court...

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