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STATE v. JIM

508 P.2d 462 (1973)

STATE of Oregon, Appellant, v. Arthur JIM, Respondent. State of Oregon, Appellant, v. Paul White, Respondent.

Court of Appeals of Oregon.

Decided April 2, 1973.

Attorney(s) appearing for the Case

John H. Clough, 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.

Michael V. Johnson, LaGrande, argued the cause for respondents. With him on the brief was F.E. Glenn, Public Defender's Office, LaGrande.

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

LANGTRY, Judge.

The state appeals from orders sustaining demurrers to two indictments. The indictments are identical and the pertinent parts are:

"* * * [T]he above named defendant is accused by the Grand Jury of the County of Union and State of Oregon, by this indictment, of the crime of Theft in the First Degree committed as follows: "The said [defendant] on the 20th day of October, 1972, in the County of Union and State of Oregon, then and there...

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