State v. Fentress

Defendant appeals from a conviction after a jury trial of first degree robbery. ORS 164.415. He makes two assignments of error: (1) that the trial court erred in instructing the jury that it might infer that a firearm pointed at another person is loaded; and (2) that the trial court erred in denying defendant’s motion for a new trial on the ground of newly discovered evidence.

On March 9, 1977, the victim in this case made a deal with a prostitute, Carmellia Love, for sexual intercourse at an agreed price, which act was performed at his apartment. Later, she called for transportation from the…