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STATE v. CAMPBELL

No. 10-88-05511; CA A50109.

785 P.2d 370 (1990)

100 Or.App. 153

STATE of Oregon, Respondent, v. Thomas Shawn CAMPBELL, Appellant.

Court of Appeals of Oregon.

Decided January 17, 1990.

Attorney(s) appearing for the Case

Steven V. Humber, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Acting Public Defender, Salem.

Vera Langer, 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 BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Defendant appeals his conviction for robbery. ORS 164.415. He contends that the trial court erred in instructing the jury:

"If you find that a firearm was pointed at another within firing range, then you are permitted but you are not required to infer that the firearm was loaded."

The Supreme Court approved a virtually identical instruction in State v. Vance, 285 Or. 383, 591 P...

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