State v. Brewer

The defendant Brewer and one Muncey ① were jointly indicted in Jackson County for conspiracy to commit first degree robbery. ORS 161.450. Defendant waived a jury and was found guilty by the trial court. The Court of Appeals upheld the conviction ② and we accepted review.

The defendant and Muncey were arrested during the early morning hours of April 15,1972, in Medford, Oregon. They were subsequently indicted for the crime here involved.

The sole issue raised on review is that “[t]he evidence was not sufficient to prove a conspiracy to commit robbery in the first degree because the state did not…