State v. Greene

This is an appeal from convictions for robbery and burglary, both in the first degree. ORS 164.415; ORS 164.225. Defendant claims the court erred in three particulars: (1) in admitting defendant’s confession into evidence, (2) in sending the indictment into the jury room, in alleged violation of ORS 17.320, and (3) in giving an allegedly incorrect instruction on "weaker and less satisfactory evidence.” Defendant is correct with regard to his third assignment of error, and we reverse and remand.

Defendant was charged with being one of three perpetrators of a burglary of the Milwaukie, Oregon,…