State v. Tolson

Defendant appeals from a court conviction, after she waived jury trial, of robbery in the second degree under ORS 164.405(1)(b) which provides:

"(1) A person commits the crime of robbery in the second degree if he violates ORS 164.395 and he:

"(b) Is aided by another person actually present.”

ORS 164.395(1)(a) provides:

"(1) A person commits the crime of robbery in the third degree if in the course of committing or attempting to commit theft he uses or threatens the immediate use of physical force upon another person with the intent of:

"(a) Preventing or overcoming resistance to his taking of the…