474 P.2d 770
No. C-55487Oregon Court of Appeals.Argued September 25, 1970
Affirmed October 2, 1970 Petition for review denied November 10, 1970
Appeal from Circuit Court, Multnomah County.
JAMES M. BURNS, Judge.
Richard A. Reichsfeld, Portland, argued the cause for appellant. With him on the brief were Gregory Reichsfeld, Portland.
Jacob B. Tanzer, Solicitor General, Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Attorney General, Salem.
Before SCHWAB, Chief Judge, and LANGTRY and BRANCHFIELD, Judges.
AFFIRMED.
PER CURIAM.
Defendant, upon trial by jury, was convicted of assault and robbery while armed. On appeal defendant
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contends only that error was committed when the trial court refused to grant him the right to take depositions of the state’s witnesses. The Supreme Court has decided the issue contrary to his position. State v. Lamphere, 233 Or. 330, 378 P.2d 706 (1963).
Affirmed.
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