State v. Crater

Defendant appeals from a judgment of conviction of the crime of assault and robbery being armed with a dangerous weapon, in violation of ORS 163.280.

The state established that at approximately 10:30 p.m., on October 13, 1957, a Safeway Store on Foster Street in Portland, Oregon, was robbed by a man armed with a weapon. The state’s case was presented upon the theory that the actual robbery was committed by defendant’s brother, Edward Crater, and that defendant participated in the robbery as a principal by driving the getaway ear and by sharing in the proceeds of the crime. Defendant attempted…