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STATE v. PERRY

507 P.2d 58 (1973)

STATE of Oregon, Appellant, v. Charles Fredrick PERRY, Respondent.

Court of Appeals of Oregon.

Decided March 5, 1973.

Rehearing Denied March 29, 1973.

Review Denied May 15, 1973.

Attorney(s) appearing for the Case

Robert E. Brasch, Dist. Atty., and Richard L. Barron, Asst. Dist. Atty., Coquille, for appellant.

Gary D. Babcock, Public Defender, and Robert C. Cannon, Deputy Public Defender, Salem, for respondent.

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

FORT, Judge.

Defendant was indicted for first degree theft. ORS 164.055.

The indictment charges:

"CHARLES FREDRICK PERRY is accused by the Grand Jury of the County of Coos, State of Oregon, by this Indictment of the crime of THEFT IN THE FIRST DEGREE committed as follows: "That said CHARLES FREDRICK PERRY on the 13th day of October, 1972, in the County of Coos and State of Oregon, then and there being, did unlawfully and knowingly commit...

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