State v. Brazeal

The defendant, James E. Brazeal, was found guilty of armed robbery in Multnomah county and was sentenced to the penitentiary for life. On appeal the defendant concedes that there was evidence from which the jury could have found that he and an accomplice robbed a MacDonald’s Hamburger Stand in Portland —that the accomplice obtained the money at gun point while the defendant drove the car used in going to the scene of the crime and in making a get away therefrom.

Defendant’s only assignment of error alleges that the trial court erred in failing to give an instruction requested by defendant. On…