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STATE v. CONWAY

465 P.2d 722 (1970)

STATE of Oregon, Respondent, v. Charles Henry CONWAY, Appellant.

Court of Appeals of Oregon, Department 1.

Decided March 5, 1970.

Attorney(s) appearing for the Case

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

Frank J. Coumont, Dist. Atty., Astoria, argued the cause and filed brief for respondent.

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

SCHWAB, Chief Judge.

Defendant was indicted, tried before a jury, and convicted for the crime of larceny in a building. Defendant and a companion, one Schrader, had entered a drugstore together and had engaged the owner and his wife in conversation. While the owner and his wife were distracted, $400 in currency and a quantity of narcotics were stolen from a safe near the rear entrance to the store. Immediately after defendant and Schrader left the store the owner...

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