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STATE v. MARTIN

CA 11239; SC 26302.

607 P.2d 171 (1980)

288 Or. 643

STATE of Oregon, Respondent, v. Clarence Duke MARTIN, Petitioner.

Supreme Court of Oregon.

Decided March 4, 1980.

Attorney(s) appearing for the Case

Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the briefs was Gary D. Babcock, Public Defender, Salem.

Jan P. Londahl, 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.

Before DENECKE, C.J., and HOLMAN, TONGUE, HOWELL, LENT and PETERSON, JJ.

Argued and Submitted November 8, 1979, in Eugene.

HOWELL, Justice.

Defendant was indicted for and convicted of conspiracy to commit robbery in the first degree. His motion for a new trial based on newly discovered evidence was granted. The grand jury then reindicted defendant and charged him with three counts, all part of the same act and transaction: Count I, conspiracy to commit robbery in the first degree; Count...

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