State v. Miller

Defendant was convicted after jury trial of robbery in the second degree. ORS 164.405. ① On appeal he contends that the trial court erred:(1) In denying defendant’s motions for a judgment of acquittal and a directed verdict; and(2) In allowing a defense witness to refuse to testify on account of a claim of self-incrimination.

In support of his first assignment defendant asserts that the state failed to offer sufficient evidence to establish that he was aided by a second person actually present during the course of the robbery, a necessary element of the crime.

The victim of the robbery, an…