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STATE v. O'DONNELL

229 Or. 487 (1962)

367 P.2d 445

STATE OF OREGON v. O'DONNELL

Supreme Court of Oregon.

Affirmed January 5, 1962.

Attorney(s) appearing for the Case

Thelma Chapman Fowler, Eugene, argued the cause for appellant. With her on the brief was Jane A. Gearhart, Eugene.

William F. Frye, District Attorney, Eugene, argued the cause for respondent. With him on the brief was Kenneth A. Morrow, Deputy District Attorney, Eugene.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and LUSK, Justices.

AFFIRMED.

PERRY, J.

The defendant, along with two others, was indicted by the Lane county grand jury for the crime of grand larceny. The indictment charged that:

"The said Walter Frank Sanders, John Ambrose O'Donnell, and Harry Lee Smith on or about the 2nd day of May, 1960, in the County of Lane and State of Oregon, then and there being, and then and there acting together and in pursuance of a common intent, did then and there wilfully steal certain...

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