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STATE v. JOHNSON

487 P.2d 115 (1971)

STATE of Oregon, Respondent, v. Richard JOHNSON, Appellant.

Court of Appeals of Oregon, Department 2.

Decided July 1, 1971.

Rehearing Denied July 27, 1971.

Review Denied September 21, 1971.

Attorney(s) appearing for the Case

Raymond J. Conboy, Portland, argued the cause for appellant. With him on the brief were Pozzi, Wilson & Atchison, and Brian L. Welch, Portland.

James P. Leahy, Deputy Dist. Atty., Astoria, argued the cause for respondent. With him on the brief was Frank J. Coumont, Dist. Atty., Astoria.

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

FORT, Judge.

Defendant was convicted of the crime of malfeasance in office under ORS 162.240. He assigns as sole error the trial court's denial of his motion for an order dismissing the indictment on the ground that the state had failed to prove proper venue. The case was filed and tried in Clatsop County. A statement of the facts is necessary to dispose of the venue issue.

The state's evidence established that in 1970, Klass Bros., Inc., a California concern...

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