State v. Dudley

Defendant appeals from a conviction for robbery in the first degree, ORS 164.415. Defendant’s sole contention on appeal is that the trial court’s failure to give a requested instruction on alibi constituted reversible error.

Defendant was charged with robbing an acquaintance who had provided him with a place to stay for a short period. The evidence is overwhelming that defendant struck the victim in the back of the head with a hammer on February 24, 1976, bound and gagged him, gathered many of the victim’s belongings and left in victim’s station wagon. Defendant was apprehended in August of…