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STATE v. McINTOSH

477 P.2d 228 (1970)

STATE of Oregon, Respondent, v. Helen McIntosh, Appellant.

Court of Appeals of Oregon, Department 2.

Decided December 3, 1970.

Opinion Withdrawn on Denial of Rehearing January 28, 1971.

Attorney(s) appearing for the Case

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

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, FORT and BRANCHFIELD, JJ.

Opinion Withdrawn on Denial of Rehearing January 28, 1971. See 479 P.2d 763.

BRANCHFIELD, Judge.

Defendant and one Henry Joseph Gaskill were charged with the crime of knowingly uttering and publishing a forged check. They were found guilty, and defendant has appealed from the judgment of conviction.

A social security check was issued, payable to defendant's mother, but the mother died a few days prior to the receipt...

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