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STATE v. FARR

492 P.2d 305 (1971)

STATE of Oregon, Respondent, v. Elmer Leroy FARR, Appellant.

Court of Appeals of Oregon, Department 2.

Decided December 27, 1971.

Rehearing Denied January 26, 1972.

Review Denied February 23, 1972.

Attorney(s) appearing for the Case

William L. Jackson, Baker, argued the cause and filed the briefs for appellant.

Jesse R. Himmelsbach, Jr., Dist. Atty., Baker, argued the cause and filed the brief for respondent.

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

LANGTRY, Judge.

Defendant appeals from conviction of two counts in one indictment (1) entering a vehicle with intent to steal, ORS 164.330, and (2) grand larceny, ORS 164.310(1) (a). Both charges grew out of the same transaction in which defendant was accused of stealing a rifle from a vehicle.

Errors alleged which merit consideration are (1) judgment of acquittal for lack of evidence should have been allowed; (2...

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