State v. Kniss

McAllister, j.

The defendant was found guilty of armed robbery and appeals from a life sentence in the penitentiary.

The only error assigned is the giving to the jury the statutory instruction taken from ORS 17.250 (6) and (7) as follows:

“You are instructed that evidence is to be estimated not only by its own intrinsic weight, but also according to the evidence which it is in the power of one side to produce and of the other to contradict. And, therefore, if weaker and less satisfactory evidence is offered by either party when it appears that stronger and more satisfactory evidence was within…