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STATE v. SMITH

453 P.2d 942 (1969)

The STATE of Oregon, Respondent, v. Buddy Frank SMITH and Marcus Eugene Leonard, Appellants.

Supreme Court of Oregon, Department 1.

Decided April 30, 1969.

Attorney(s) appearing for the Case

John Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellants. With him on the brief was Gary D. Babcock, Public Defender, Salem.

James A. Sanderson, Deputy Dist. Atty., Klamath Falls, argued the cause for respondent. With him on the brief was Samuel A. McKeen, Dist. Atty., Klamath Falls.

Before PERRY, C.J., and McALLISTER, O'CONNELL, DENECKE, and LANGTRY, JJ.

LANGTRY, Justice (Pro Tempore).

The appellants were jointly indicted, tried together and convicted of larceny of a calf. ORS 164.380. The defendants' consolidated appeals are from the conviction, and they assign as errors the trial court's allowing in evidence statements made by one of the defendants to a deputy district attorney after arrest, its denial of their motions for dismissal, and its failure to give one of their requested instructions.

Both of the...

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