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STATE v. DANIELS

482 P.2d 756 (1971)

STATE of Oregon, Respondent, v. Ronald LeRoy DANIELS, Appellant.

Court of Appeals of Oregon, Department 1.

Decided March 25, 1971.

Attorney(s) appearing for the Case

Richard Smurthwaite, Eugene, argued the cause for appellant. With him on the brief were Husband, Johnson & Frye, Eugene.

James L. Carney, 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 LANGTRY and THORNTON, JJ.

THORNTON, Judge.

Defendant and Charles Leroy Seymour were jointly indicted for larceny of 16 transformers valued in excess of $75, contrary to the provisions of ORS 164.310(1) (a).1 At the conclusion of the state's case defendant moved for acquittal on the ground that the state had failed to prove (1) that defendant intentionally took any transformers or was a party to the taking and (2) that defendant did deprive the rightful owner of...

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