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STATE OF OREGON v. BAILEY

208 Or. 321 (1956)

300 P.2d 975

301 P.2d 545

STATE OF OREGON v. BAILEY

Supreme Court of Oregon.

Reversed and remanded August 20, 1956.

Costs retaxed September 19, 1956.

Attorney(s) appearing for the Case

Bruce R. Avrit and F. Gordon Cottrell, Deputy District Attorneys for Lane County, Eugene, argued the cause for respondent. With them on the brief was Eugene C. Venn, District Attorney for Lane County, Eugene.

Lamar Tooze and Roland K. Rodman argued the cause for appellant. On the briefs were Tooze, Kerr, Hill, Dougherty & Tooze, Portland, and Rodman & Rodman, Eugene.

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

REVERSED AND REMANDED.

ROSSMAN, J.

This is an appeal by the defendant, Richard G. Bailey, from a judgment of the circuit court which adjudged him guilty of the crime of conspiring with his brother, Alfred P. Bailey, "to commit the crime of obtaining money under false pretenses" from the First National Bank of Eugene.

ORS 161.320 provides:

"If two or more persons conspire to commit any felony defined...

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