Oregon v. Derryberry

528 P.2d 1034 (1974)

STATE of Oregon, Respondent,

v.

Tony Estes DERRYBERRY, Petitioner.

Supreme Court of Oregon, In Banc.[*]

Argued and Submitted July 10, 1974.

Decided November 21, 1974.

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief were Gary D. Babcock, Public Defender, and John K. Hoover, Deputy Public Defender, Salem.

W. Michael Gillette, Sol. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jim G. Russell, Asst. Atty. Gen., Salem.

TONGUE, Justice.

Defendant was convicted of first degree…