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STATE v. PONTON

240 Or. 30 (1965)

399 P.2d 30

STATE OF OREGON v. PONTON

Supreme Court of Oregon.

Affirmed February 10, 1965.

Petition for rehearing denied March 9, 1965.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed briefs for appellant.

John D. Burns, Deputy District Attorney, Portland, argued the cause for respondent. On the brief were George Van Hoomissen, District Attorney, and Lou L. Williams, Deputy District Attorney, Portland.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, HOLMAN and LUSK, Justices.

AFFIRMED.

GOODWIN, J.

The defendant was convicted of violating ORS 164.320 (larceny in a building) and appeals.

The principal assignments of error challenge the propriety of indicting the defendant under ORS 164.320 when, if the facts alleged in the indictment are true, he was equally guilty of shoplifting, a crime denounced by ORS 164.390.

The state argues that whenever the building in which larceny is committed happens to be a mercantile...

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