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STATE v. BENGTSON

230 Or. 19 (1961)

367 P.2d 363

STATE OF OREGON v. BENGTSON

Supreme Court of Oregon.

Affirmed December 20, 1961.

Petition for rehearing denied January 30, 1962.

Attorney(s) appearing for the Case

Leo Levenson, Portland, argued the cause for appellant. With him on the brief were Richard R. Carney, Portland and Robert A. Boyer, Medford.

Paul W. Haviland, Special Prosecutor, Medford, argued the cause for respondent. With him on the brief were Paul W. Haviland, Haviland & Clinkinbeard, Medford.

Before ROSSMAN, Presiding Justice, and WARNER, PERRY, SLOAN, O'CONNELL, GOODWIN and LUSK, Justices.

AFFIRMED.

SLOAN, J.

Defendant was convicted of embezzlement and appeals. There are several assignments of error. We will relate the material facts and then consider the assignments. The facts are not materially disputed. The basic contentions concern the application of the law to the facts.

The indictment charged:

"The said O.H. Bengtson on or about the 21st day of October, 1959, in the said County...

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