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STATE v. WASHINGTON

459 P.2d 455 (1969)

STATE of Oregon, Respondent, v. Raymond Elder WASHINGTON, Appellant.

Court of Appeals of Oregon.

October 3, 1969.

Attorney(s) appearing for the Case

George Weigum, and Stults, Jayne, Murphy & Anderson, Roseburg, for the petition.

Before SCHWAB, C.J., and LANGTRY, FOLEY, FORT and BRANCHFIELD, JJ.

LANGTRY, Judge.

Our decision in this case reversed the defendant's conviction and returned the cause for a new trial for the reason that the prosecution's case had not the requisite proof of corpus delicti.

Defendant in a Petition for Rehearing calls our attention to ORS 136.605:

"In any criminal action the defendant may, before the presentation of evidence in his defense, move the court for a judgment of acquittal. The court shall grant the...

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