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STATE v. GWYTHER

479 P.2d 248 (1971)

STATE of Oregon, Respondent, v. David George GWYTHER, Appellant.

Court of Appeals of Oregon, Department 1.

Decided January 14, 1971.

Rehearing Denied February 9, 1971.

Review Denied March 16, 1971.

Attorney(s) appearing for the Case

Max S. Taggart, II, Springfield, argued the cause for appellant. With him on the brief were Sanders, Lively & Wiswall, and William Wiswall, Springfield.

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, Solicitor Gen., Salem.

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

SCHWAB, Chief Judge.

The defendant, Gwyther, was convicted by a jury of the crime of third-degree arson. The relevant portion of the indictment read:

"The said DAVID GEORGE GWYTHER on or about the 22nd day of January, 1969, in the county aforesaid, did then and there wilfully, maliciously and wantonly set fire to, burn and cause to be burned a U.S. Navy table cover, the property of the United States of America *...

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