STATE v. INMAN


492 P.2d 804 (1972)

STATE of Oregon, Respondent, v. John INMAN, Appellant

Court of Appeals of Oregon, Department 1.

Decided January 14, 1972.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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


FOLEY, Judge.

Defendant was convicted by jury trial of knowingly uttering and publishing a forged bank check in violation of ORS 165.115. He appeals, asserting three assignments of error.

(1). Both defendant and his wife were indicted for passing a forged bank check at a grocery store. The defendant husband was tried first. Before the trial began, the defense attorney told the prosecutor that the husband would claim his marital privilege (ORS 139.320) to prevent...

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