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STATE v. MORASCH

(C-46598)

483 P.2d 474 (1971)

STATE of Oregon, Respondent, v. Edmund MORASCH, Appellant.

Court of Appeals of Oregon, Department 2.

Decided April 8, 1971.

Attorney(s) appearing for the Case

Brian W. O'Brien, Portland, argued the cause and filed the briefs for appellant.

Jim G. Russell, 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 FOLEY and FORT, JJ.

FORT, Judge.

In May 1966, the defendant entered a plea of guilty to the crime of embezzlement by bailee, ORS 165.010, and a presentence investigation was ordered. On July 25, 1966, the court sentenced the defendant to an indeterminate five-year term and ordered "that execution of said sentence is hereby suspended provided that said defendant be returned to his native Canada by the United States Immigration authorities." No other proviso relevant to this case was contained...

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