State v. Fleming

McAllister, c. j.

The defendant, Franklin Delano Fleming, and his co-defendant, Roy Allen Freeman, were indicted jointly in Marion county for the crime of assault and robbery while armed with a dangerous weapon. ORS 163.280. Both defendants were found guilty by the jury and Fleming was sentenced to the penitentiary for a term not exceeding 15 years, from which he appeals. Freeman was given a life sentence, with which we are not here concerned.

The sole question presented on appeal is whether the evidence as to Fleming’s participation in the crime was sufficient to support the verdict of guilty…