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STATE v. FRANKE

508 P.2d 454 (1973)

STATE of Oregon, Appellant, v. Lewis James FRANKE, Jr., Respondent.

Court of Appeals of Oregon.

Decided April 9, 1973.

Rehearing Denied May 10, 1973.

Review Denied June 26, 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.

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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

FOLEY, Judge.

Defendant was indicted under ORS 165.0131 for forgery in the first degree, a Class C felony. The indictment alleged that defendant

"* * * did unlawfully and knowingly, with intent to injure and defraud, utter a written instrument, which instrument purported to be a commercial instrument which might have evidence [sic] a legal interest, the said defendant well knowing the said written instrument to be forged, and...

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