State v. Roper

Defendant appeals his conviction of conspiracy to commit robbery in the first degree. ORS 161.450.1 He assigns as error the denial of a motion for judgment of acquittal and the exclusion of the testimony of four witnesses. The motion for acquittal was based on two grounds: first, the purported failure of the state to prove venue in Multnomah County and, second, the failure of the state to prove an agreement to rob the specific victim named in the indictment.

On March 2, 1977, Billy Ray Small and Lynette Repp had a conversation in Multnomah County concerning the prospects of robbing a certain…