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STATE OF OREGON v. MONK

193 Or. 450 (1951)

238 P.2d 1110

STATE OF OREGON v. MONK

Supreme Court of Oregon.

Reversed December 19, 1951.

Attorney(s) appearing for the Case

H.R. Winston argued the cause for appellant. On the brief were Winston & Dimick, of Roseburg.

Robert G. Davis, District Attorney, and Donald S. Kelley, Deputy District Attorney, of Roseburg, argued the cause and filed a brief for respondent.

Before BRAND, Chief Justice, and HAY, LUSK, LATOURETTE and TOOZE, Justices.

REVERSED.

TOOZE, J.

Defendant was indicted by the grand jury of Douglas county for the crime of larceny by embezzlement. He was convicted of having embezzled the sum of $257.25 belonging to Patrick Kelly Post of the Veterans of Foreign Wars and sentenced to imprisonment in the state penitentiary for an indeterminate period not exceeding three years. From that judgment he appeals to this court.

Defendant assigns three alleged errors: (1) that the indictment...

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