State v. Brewer

Defendant and Emmett Ray Muncey were jointly indicted for the crime of conspiracy to commit first degree robbery in violation of ORS 161.450, ① but were tried separately. Defendant Brewer waived a jury, was tried by the court and found guilty as charged. ② He appeals.

At trial defendant moved for a judgment of acquittal. The court denied this motion and, on appeal, the defendant contends that this denial was error. Defendant challenges the sufficiency of the evidence to support a verdict of guilty on the crime charged.

The defendant and Muncey were arrested on the night of April 14, 1972, in…