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STATE OF OREGON v. RICE

206 Or. 237 (1956)

291 P.2d 1019

STATE OF OREGON v. RICE

Supreme Court of Oregon.

Reversed January 11, 1956.

Attorney(s) appearing for the Case

Oscar D. Howlett, Deputy District Attorney, of Portland, argued the cause for appellant. With him on the brief was William M. Langley, District Attorney, of Portland.

Leon W. Behrman, of Portland, argued the cause and filed a brief for respondent.

Before WARNER, Chief Justice, and ROSSMAN, LUSK, LATOURETTE and PERRY, Justices.

REVERSED.

PERRY, J.

The defendant was indicted by the grand jury for larceny by embezzlement under ORS 165.005 prior to the statute being amended by chapter 435, Oregon Laws 1955 p. 508.

ORS 165.005, supra, prior to amendment, read as follows:

"Any officer, agent, clerk, employe or servant or any person, who embezzles or fraudulently converts to his own use, or takes or secretes with intent to embezzle or fraudulently convert to his own use...

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