Opinion
No. C 78-08-14039, CA 13080
Argued May 24, 1979
Reversed June 11, 1979
Appeal from the Circuit Court, Multnomah County, Irving M. Steinbock, Judge.
J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
W. Benny Won, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were James A. Redden, Attorney General, and Walter L. Barrie, Solicitor General, Salem.
Before Schwab, Chief Judge, and Tanzer, Richardson and Roberts, Judges.
PER CURIAM
Reversed.
Defendant was convicted of participation in a robbery. There was no evidence of his involvement beyond his presence at the scene. This was insufficient to make a jury question.
Reversed.