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Oregon v. Miller

September 14, 1973

STATE OF OREGON, RESPONDENT,
v.
FRENCH LEE MILLER, APPELLANT



Appeal from Circuit Court, Multnomah County. Robert E. Jones, Judge. No. C 72-10-3297 Cr.

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant. A supplementary brief was filed by appellant French Lee Miller, pro se.

John H. Clough, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.

Thornton, Judge. Langtry, Presiding Judge, and Fort, Judge.

Thornton

Defendant was convicted after jury trial of

robbery in the second degree. ORS 164.405.*fn1 On appeal he contends that the trial court erred:

(1) In denying defendant's motions for a judgment of acquittal and a directed verdict; and

(2) In allowing a defense witness to refuse to testify on account of a claim of self-incrimination.

In support of his first assignment defendant asserts that the state failed to offer sufficient evidence to establish that he was aided by a second person actually present during the course of the robbery, a necessary element of the crime.

The victim of the robbery, an elderly woman, had parked her automobile in a lighted parking lot of a Portland restaurant, intending to enter the restaurant. She stepped from her car, closed the door, and was in the act of locking the car door with her key when she was grabbed from behind. She testified that her assailant threw her against the car door, struck her on the jaw with his fist, pulled her purse from her grasp and ran from the scene. She also testified that during the course of the attack she observed another young man standing across the parking lot approximately 25 feet from her, and that the second young man and her assailant ran from the scene together following the purse snatching. The victim testified that the defendant was the person who struck her with his fist and took her purse.

In passing upon denials of motions for a judgment of acquittal and a directed verdict of acquittal, this court reviews the evidence in the light most favorable to the state and will sustain the trial court's action if there is any substantial evidence to support the verdict. State v. Livingston, 2 Or ...


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