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STATE v. JACKSON

No. C82-04-34581; CA A26520.

669 P.2d 826 (1983)

64 Or.App. 667

STATE of Oregon, Respondent, v. Clarence Alden JACKSON, III, Appellant.

Court of Appeals of Oregon.

Decided September 28, 1983.

Attorney(s) appearing for the Case

Marilyn C. McManus, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and NEWMAN, J.

RICHARDSON, Presiding Judge.

Defendant appeals his conviction for robbery in the first degree. CRS 164.415. He contends that his motion for judgment of acquittal should have been granted, because there was insufficient evidence to support a conviction. He also assigns as error the refusal of the court to instruct on the lesser included offense of theft in the first degree and to give an instruction regarding the basis of his criminal responsibility. We reverse and...

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