STATE v. EWERS


458 P.2d 708 (1969)

STATE of Oregon, Respondent, v. Robert D. EWERS, Appellant.

Court of Appeals of Oregon, In Banc.

Decided September 12, 1969.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause and filed the brief for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Ray D. Robinett, Dist. Atty., Hillsboro, argued the cause for respondent. With him on the brief was Gregory E. Milnes, Chief Deputy Dist. Atty., Hillsboro.


BRANCHFIELD, Judge.

Defendant was charged with the crime of obtaining money by false pretenses. The jury found him guilty and he appeals from the sentence imposed by the court.

On July 16, 1967, the defendant approached a clerk in the Villa-Mart Discount Department Store in Beaverton, seeking a refund on two sets of golf clubs. The clerk referred him to the department manager, Mr. Carl H. Ahrens, who checked the contents of the two boxes carried by the defendant...

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