STATE v. CAIN


516 P.2d 99 (1973)

STATE of Oregon, Respondent, v. Gary Dean CAIN, Appellant (Two Cases).

Court of Appeals of Oregon.

Decided November 26, 1973.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, for appellant.

Lee Johnson, Atty. Gen., John W. Osburn, Sol. Gen., and Jim G. Russell, Asst. Atty. Gen., Salem, for respondent.

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


FORT, Judge.

This is a criminal case in which the defendant, Gary Dean Cain, was charged and convicted by jury of theft in the first degree, in violation of ORS 164.055. He appeals.

Previously, in March 1970, the defendant had been convicted of burglary and sentenced to four years. The court suspended the sentence and placed him on probation for four years. Based upon the conviction here appealed, the court revoked his probation and ordered the prior sentence...

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