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STATE v. YARBROUGH

477 P.2d 232 (1970)

STATE of Oregon, Respondent, v. Dallas E. YARBROUGH, Appellant.

Court of Appeals of Oregon, Department 2.

Decided December 3, 1970.

Rehearing Denied January 5, 1971.

Review Denied February 23, 1971.

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, FORT and BRANCHFIELD, JJ.

FORT, Judge.

The defendant was charged in one indictment containing two counts: arson (ORS 164.020) and burning property with intent to defraud the insurer (ORS 164.100). Both charges were founded upon the burning of a dwelling house rented and occupied by the defendant. He was convicted by a jury on both charges. He appeals from the resulting judgment, assigning two errors.

The defendant purchased a fire insurance policy covering his household contents and...

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