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STATE v. CLERMONT

495 P.2d 305 (1972)

STATE of Oregon, Respondent, v. Raymond Joseph CLERMONT, Aka Dean Raymond Lloyd, Aka Don West, Appellant.

Court of Appeals of Oregon, Department 2.

Decided March 30, 1972.

Rehearing Denied April 25, 1972.

Review Denied May 16, 1972.

Attorney(s) appearing for the Case

F.E. Glenn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Robert M. Burrows, Dist. Atty., Grants Pass, argued the cause for respondent. With him on the brief was Robert F. Webber, Deputy Dist. Atty., Grants Pass.

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

THORNTON, Judge.

Defendant was convicted by a jury for obtaining money by false pretenses in violation of ORS 165.205. He appeals contending that the trial court erred:

(1) In overruling defendant's demurrer to the indictment on the ground that the alleged false tokens were not false;

(2) In failing to sustain defendant's motion for a directed verdict of acquittal on the same ground;

(3) In the procedure which the court followed in instructing...

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