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STATE v. BLANK

464 P.2d 836 (1970)

STATE of Oregon, Respondent, v. Alton M. BLANK, Appellant.

Court of Appeals of Oregon, Department 2.

Decided February 5, 1970.

Attorney(s) appearing for the Case

Oscar D. Howlett, Portland, filed the brief for appellant.

Jacob B. Tanzer, Solicitor Gen., Salem, filed the brief for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

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

PER CURIAM.

Defendant was tried and convicted upon jury trial of the crime of receiving and concealing stolen property. He did not take the witness stand. His sole ground of appeal is that the trial court erred in instructing the jury:

"Every witness who testified is presumed to speak the truth. This presumption, however, may be overcome by the manner in which he or she testifies, by the character of his or her testimony, by the interest he or she has in...

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