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STATE v. MIMS

235 Or. 540 (1963)

385 P.2d 1002

STATE OF OREGON v. MIMS

Supreme Court of Oregon.

Reargued September 30, 1963.

Affirmed October 23, 1963.

Attorney(s) appearing for the Case

Hattie Bratzel Kremen, District Attorney, Salem, and Gary D. Gortmaker, Deputy District Attorney, argued the cause and filed briefs for appellant.

Reginald S. Williams, Salem, and Elliott B. Cummins, McMinnville, argued the cause for respondent. On the brief were Osterman & Williams, Salem, and Cummins & Devlin, McMinnville.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, O'CONNELL, GOODWIN, DENECKE and LUSK, Justices.

AFFIRMED.

LUSK, J.

The defendant was found guilty by the verdict of a jury of the crime of attempting to obtain money by false pretenses. He filed a motion in arrest of judgment based upon the ground that the facts stated in the indictment did not constitute a crime, ORS 135.630 (4); 136.810. The court allowed the motion and the state has appealed under the authority of ORS 138.060. The indictment reads:

"The said GEORGE B. MIMS on the 14th day of...

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