State v. Vance

*385TONGUE, J.

Defendant was convicted of robbery in the first degree under ORS 164.415(1), based on an information alleging that in the cotuse of committing theft he "threaten(ed) the immediate use of physical force” upon the victim of the robbery and "was armed with a deadly weapon, towit: a handgun.” The trial court denied defendant’s motion of acquittal for failure of proof that "a deadly weapon was used” (in this case, that the gun was loaded). The trial court, over defendant’s exception, also instructed the jury that "if a firearm is pointed at another within firing range, you are permitted…