STATE v. JEFFERSON


496 P.2d 35 (1972)

STATE of Oregon, Respondent, v. Randall JEFFERSON, Appellant.

Court of Appeals of Oregon, Department 2.

Decided April 21, 1972.

Rehearing Denied May 16, 1972.


Attorney(s) appearing for the Case

George A. Haslett, Jr., Portland, 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.

The defendant was convicted by jury of larceny and sentenced to five years' imprisonment. Defendant appeals, contending that the court erred in denying his motion for acquittal made after all the evidence had been introduced and prior to argument.

Analysis of this assignment requires a review of the evidence in the light most favorable to the state.

On the morning of September 9, 1970, at the commencement of business, the manager of Millers...

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