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STATE v. BARNES

511 P.2d 1235 (1973)

STATE of Oregon, Appellant, v. Kenneth Roy BARNES, Respondent.

Court of Appeals of Oregon.

Decided July 16, 1973.

Attorney(s) appearing for the Case

Thomas H. Denney, 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 LANGTRY and FOLEY, JJ.

LANGTRY, Judge.

The state appeals from dismissal of an indictment charging first degree theft after the sustaining of defendant's demurrer thereto. ORS 164.055(1)(a) provides:

"(1) A person commits the crime of theft in the first degree if, by other than extortion, he commits theft as defined in ORS 164.015; and "(a) The total value of the property in a single or aggregate transaction is $200 or...

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