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STATE v. LIBBEY

224 Or. 431 (1960)

356 P.2d 161

STATE OF OREGON v. LIBBEY

Supreme Court of Oregon.

Affirmed October 19, 1960.

Petition for rehearing denied November 4, 1960.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause for appellant. With him on the briefs was Fred Jensen, Portland.

Julian Herndon, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was Charles E. Raymond, District Attorney, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, GOODWIN and KING, Justices.

AFFIRMED.

KING, J. (Pro Tempore)

This is an appeal by the defendant, Jerry Libbey, after being convicted by the jury of the crime of receiving stolen property and being sentenced to the Oregon State Penitentiary for a maximum period of three years. The defendant was tried and convicted in the circuit court of Multnomah county, Oregon, on an indictment which reads as follows:

"JERRY LIBBEY is accused by the...

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