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STATE v. LEATON

474 P.2d 768 (1970)

STATE of Oregon, Respondent, v. Ernest Guy LEATON, Appellant.

Court of Appeals of Oregon, Department 1.

Argued and Submitted September 23, 1970.

Attorney(s) appearing for the Case

Richard Smurthwaite, Eugene, argued the cause for appellant. With him on the briefs were Husband, Johnson & Frye, William Frye and A. Dean Owens, Eugene.

Alan H. Johansen, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Solicitor Gen., Salem.

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

FORT, Judge.

Defendant was indicted, tried and convicted for the crime of Presenting a Forged Check in violation of ORS 165.115. At the conclusion of the state's case he moved for a judgment of acquittal. Its denial constitutes the sole assignment of error. In the Notice of Appeal defendant states he "intends to rely upon the point that evidence of the publication of a check bearing a forged endorsement on the back is insufficient to sustain a conviction under an...

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