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STATE v. MIDDLETON

465 P.2d 913 (1970)

STATE of Oregon, Respondent, v. Bernie Paul MIDDLETON, Appellant.

Court of Appeals of Oregon, Department 1.

Decided March 12, 1970.

Attorney(s) appearing for the Case

William V. Bierek, Portland, argued the cause and filed the briefs for appellant.

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

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

BRANCHFIELD, Judge.

Defendant pleaded guilty to a charge of conspiracy to commit a felony. (ORS 161.320). The accusation against defendant was based upon promoting a lottery in violation of ORS 167.405. Considerable merchandise and other personal property had been seized for use as evidence at his trial. After sentence was imposed, defendant moved for release of the property which had been seized. Instead of granting that motion, the court ordered forfeiture of the...

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