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STATE v. LINDSEY

468 P.2d 897 (1970)

STATE of Oregon, Respondent, v. Garet A. LINDSEY, Appellant.

Court of Appeals of Oregon, Department 1.

Decided May 7, 1970.

Rehearing Denied June 2, 1970.

Review Denied July 8, 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.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

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

PER CURIAM.

The defendant was tried in Multnomah County by jury and convicted of the crime of forgery. Five blank checks were stolen from a Portland home some time prior to Labor Day of 1968 and after the rightful owner's signature had been forged they were filled in and cashed in a Portland department store shortly thereafter. Portland is in Multnomah County.

There was no evidence to connect the defendant with the actual theft or the actual uttering of the...

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