STATE v. ARCHEY


471 P.2d 860 (1970)

STATE of Oregon, Respondent, v. Gary Maynard ARCHEY, Appellant.

Court of Appeals of Oregon, Department 2.

Decided July 9, 1970.

Rehearing Denied August 4, 1970.

Review Denied September 22, 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.

Larry A. Brown, Deputy Dist. Atty., Eugene, argued the cause for respondent. On the brief were John B. Leahy, Dist. Atty., and Michael E. Murphy, Deputy Dist. Atty., Eugene.

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


SCHWAB, Chief Judge.

Defendant was convicted of grand larceny upon trial by the court sitting without a jury. His sole assignment of error upon appeal is that as a matter of law there was insufficient evidence to support a finding of guilt.

On the evening of January 3, 1967, the manager of a retail store placed two envelopes containing money in a metal safe which was located in a storeroom at the back of the store. He closed the safe door which he had opened...

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