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STATE v. EPPS

No. C 77-05-07062; CA 9138; No. C 77-05-07063; CA 9222.

585 P.2d 425 (1978)

36 Or.App. 519

STATE of Oregon, Respondent, v. Clyde EPPS, Appellant. State of Oregon, Respondent, v. Don Azevedo, Appellant.

Court of Appeals of Oregon, In Banc.

Decided October 16, 1978.

Attorney(s) appearing for the Case

David F. Cargo and Michael E. Haglund, Portland, argued the cause for appellants. On the brief was David F. Cargo, Portland.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., Al J. Laue, Sol. Gen., and Kathleen G. Dahlin, Certified Law Student, Salem.

Jerard S. Weigler, Michael E. Haglund, and Lindsay, Nahstoll, Hart, Neil & Weigler, Portland, filed a brief amicus curiae for appellants.

TANZER, Judge.

Defendants appeal from their convictions of kidnapping in the second degree. They are agents of a California surety company, Cowboy Bail Bonds, which entered into a bail agreement with one Morrow to effectuate his release from incarceration in Bakersfield, California. In violation of the terms of the agreement, Morrow then left California without the consent of either the surety or the court and took up residence...

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