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STATE v. HUNT

475 P.2d 596 (1970)

STATE of Oregon, Appellant, v. Albert E. HUNT, Jr., Respondent.

Court of Appeals of Oregon, Department 1.

Decided October 15, 1970.

Rehearing Denied November 12, 1970.

Review Denied December 22, 1970.

Attorney(s) appearing for the Case

Jacob B. Tanzer, Sol. Gen., Salem, argued the cause for appellant. With him on the briefs was Lee Johnson, Atty. Gen., Salem.

Bert E. Joachims, Portland, argued the cause for respondent. With him on the brief were Klosterman & Joachims, Portland.

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

FOLEY, Judge.

Defendant was convicted of obtaining money by false pretenses. The circuit court thereafter entered an order arresting judgment and dismissing the indictment on the grounds that it did not state a crime in that it lacked specificity. The state appeals under ORS 138.060(3).

The indictment in question charges:

"* * * EVANS SMITH, ALBERT E. HUNT, JR. and HAROLD EUGENE GOODWIN * * * did * * * feloniously, with intent to defraud, falsely...

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