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STATE OF OREGON, Respondent, v. DAN FRANCIS SNEDEKER, Appellant.

AFFIRMED.

PER CURIAM.

Defendant, upon trial by jury, was convicted of assault and robbery while armed. On appeal defendant contends only that error was committed when the trial court refused to grant him the right to take depositions of the state's witnesses. The Supreme Court has decided the issue contrary to his position. State v. Lamphere, 233 Or. 330, 378 P.2d 706 (1963).

Affirmed.

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STATE v. SNEDEKER
(Nov 10, 1970)