STATE v. BREWER


490 P.2d 202 (1971)

STATE of Oregon, Respondent, v. Hayden J. BREWER, Jr., Appellant.

Court of Appeals of Oregon, Department 2.

Decided November 5, 1971.


Attorney(s) appearing for the Case

Monte E. Walter, Portland, argued the cause for appellant. With him on the brief were Brian W. O'Brien, James T. Duncan, and A. Ben Sanchez, Portland.

No appearance for respondent.

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


SCHWAB, Chief Judge.

Defendant was charged and convicted of embezzlement under ORS 165.010.

Defendant was an employe of one Peter W. Sharp. Through this employment defendant gained possession of a pair of scales used for weighing nails sold in bulk. Without Mr. Sharp's knowledge, defendant attempted to sell the scales. Defendant claimed he had the authority to sell the scales, as he had previously sold other property for Mr. Sharp, and that he planned to turn...

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