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STATE v. MILLER

501 P.2d 1309 (1972)

STATE of Oregon, Appellant, v. French Lee MILLER, Respondent.

Court of Appeals of Oregon.

Decided October 19, 1972.

Attorney(s) appearing for the Case

John W. Burgess, Special Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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

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

FOLEY, Judge.

The defendant was indicted in a two-count indictment charging him with receiving and concealing stolen property contrary to former ORS 165.045. The first count charged that

"* * * on or about the 1st day of June, 1971, in the County of Multnomah, State of Oregon * * * [the defendant] did feloniously receive and conceal an amplifier and one set of stereo earphones, the property of James A. Day * * *,"

the defendant knowing that the property...

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