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STATE v. KRUSHENSKY

525 P.2d 211 (1974)

STATE of Oregon, Respondent, v. Raymond Frank KRUSHENSKY, Appellant.

Court of Appeals of Oregon.

Decided August 12, 1974.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Rhidian M.M. Morgan, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

FOLEY, Judge.

Defendant was convicted of attempted kidnapping in the second degree, ORS 161.405 and 163.225, by the court, defendant having waived jury trial. He was given a three-year suspended sentence and placed on five years' probation. On this appeal he assigns as error the failure of the court to allow his motion for acquittal.

The specific act charged to defendant was that without consent or legal authority he attempted to take Sheri Eastman, an eight...

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