STATE v. SCHRAGER


443 P.2d 630 (1968)

STATE of Oregon, Respondent, v. Leo SCHRAGER and Joseph Oliver Moss, Appellants.

Supreme Court of Oregon. Department 2.

Decided July 24, 1968.


Attorney(s) appearing for the Case

Julian Herndon, Jr., Portland, argued the cause and filed a brief for appellants.

Jacob B. Tanzer, Deputy Dist. Atty., Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

Before PERRY, C.J., and SLOAN and GOODWIN, JJ.


SLOAN, Justice.

Defendants were convicted on an indictment that ineptly charged them with the theft of a coin box in a telephone booth situate in the lobby of a hotel. On appeal they claim a material variance between the indictment and the proof.

The case started as a trial to a jury. After the state rested, defendants waived the jury and submitted their evidence and the decision in the case to the court. Their sole defense consisted of the testimony of two...

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