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STATE v. MONTGOMERY

86-0776; CA A43036.

744 P.2d 592 (1987)

88 Or.App. 163

STATE of Oregon, Respondent, v. Bobby G. MONTGOMERY, Appellant.

Court of Appeals of Oregon.

Decided October 28, 1987.

Reconsideration Denied December 4, 1987.

Review Denied December 22, 1987.

Attorney(s) appearing for the Case

Lawrence J. Hall, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Terry Ann Leggert, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

WARDEN, Presiding Judge.

Defendant appeals his conviction for robbery in the first degree. ORS 164.415. He contends that the trial court erred in admitting in evidence the testimony given in a preliminary hearing by a witness who was absent from the trial. We affirm.

Janie Hoag witnessed the assault and robbery of the victim in this case. She testified at the preliminary hearing and identified defendant as the assailant. She did not appear at trial, but her...

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