State v. Zimmerlee

Defendant appeals from conviction of armed robbery. ORS 163.280. His assignments of error are that (1) the trial court should not have received evidence of another crime committed by defendant on the same evening as that alleged in the indictment, and (2) the indictment is defective.

In the prosecution’s evidence of the crime charged was testimony that defendant accosted Larry Palmer at about 6:30 p.m. on March 6, 1970, inside a drive-in restaurant in Medford. Defendant said he had some friends outside in a vehicle who had bet that he, defendant, could not get Palmer’s boots away from him.

Palme…