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STATE v. POWELL

212 Or. 684 (1958)

321 P.2d 333

STATE OF OREGON v. POWELL

Supreme Court of Oregon.

Reversed and remanded February 11, 1958.

Attorney(s) appearing for the Case

Burton J. Fallgren, Portland, argued the cause and filed a brief for appellant.

Winston L. Bradshaw, District Attorney, Oregon City, argued the cause for respondent. With him on the brief was Robert Y. Thornton, Attorney General, Salem.

Before PERRY, Chief Justice, and ROSSMAN, BRAND and McALLISTER, Justices.

REVERSED WITH INSTRUCTIONS.

PERRY, C.J.

The defendant was indicted by the grand jury of Clackamas county on May 24, 1956, for violation of ORS 474.170, and on conviction was sentenced to a term of three years in the state penitentiary. The charging part of the indictment reads as follows:

"The said Dorothy Margaret Powell on or about the 25th day of July, A.D., 1954, in the said County of Clackamas and State of Oregon, then and there being, did then...

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