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STATE v. FITZ

468 P.2d 898 (1970)

STATE of Oregon, Respondent, v. Donald Ellis FITZ, Appellant.

Court of Appeals of Oregon, Department 2.

Decided May 7, 1970.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Stephen A. Hutchinson, 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 LANGTRY, P.J., and FOLEY and FORT, JJ.

PER CURIAM.

The defendant appeals from conviction of third degree arson. ORS 164.040.

He was one of a group who interfered with Navy recruiters at the University of Oregon, taking a table cover and recruiting pamphlets from the recruiters and burning them. He contends that there was no proof that he burned the cover as charged. He was an active aider and abettor, if not one who actually ignited the cover. The defendant asserts he was charged as a principal...

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