STATE v. HITZ

TC 451260; CA A46356; SC S35480.

766 P.2d 373 (1988)

307 Or. 183

STATE of Oregon, Respondent On Review, v. Suzanne H. HITZ, Petitioner On Review.

Supreme Court of Oregon.

Decided December 20, 1988.


Attorney(s) appearing for the Case

Lisa A. Maxfield, Ransom, Blackman & Simson, Portland, argued the cause and filed the petition for petitioner on review.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent on review.

Before PETERSON, C.J., and LINDE, CAMPBELL, CARSON, JONES and GILLETTE, JJ.


LINDE, Justice.

Defendant appealed her conviction of a knowing unlawful misapplication of entrusted property, ORS 165.095(1), claiming that the trial court should have entered a judgment of acquittal for lack of evidence that the alleged misapplication was unlawful. The Court of Appeals affirmed the conviction on grounds that defendant "did not preserve the argument in the trial court." 92 Or.App. 136, 139, 757...

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