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STATE v. STUART

442 P.2d 231 (1968)

The STATE of Oregon, Appellant, v. Rex Orville Lavern STUART, Respondent.

Supreme Court of Oregon, In Banc.

Reargued May 10, 1968.

Decided June 14, 1968.

Attorney(s) appearing for the Case

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

Bruce J. Rothman, Portland, argued the cause and filed a brief for respondent.

Before PERRY, C.J., and SLOAN, O'CONNELL, GOODWIN, DENECKE, HOLMAN and LUSK, JJ.

Argued Before Department 2 and Submitted March 7, 1968.

GOODWIN, Justice.

This is an appeal by the state from a judgment for the defendant on a demurrer to the indictment.1 Such an appeal is authorized by ORS 138.060(1).

The indictment is in two counts. The first count charges the crime of "embezzlement by bailee" committed as follows:

"The said ORVILLE LAVERN STUART on or about the 4th day of May, A.D. 1967, in...

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