STATE v. NIEHUSER


533 P.2d 834 (1975)

STATE of Oregon, Respondent, v. Daniel Joseph NIEHUSER, Appellant.

Court of Appeals of Oregon.

Decided April 7, 1975.


Attorney(s) appearing for the Case

Ancer L. Haggerty, Portland, filed the brief for appellant.

Lee Johnosn, Atty. Gen., W. Michael Gillette, Solicitor Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem, appeared for respondent.

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


Submitted on Record and Appellant's Brief March 18, 1975.

SCHWAB, Chief Judge.

The issues here are: (1) In order to prove a charge of theft (by obtaining or receiving) is it essential to prove that the property received was, in fact, stolen; (2) if so, does property cease to be stolen when recovered by the police; and (3) if so, can the receipt of such previously stolen property constitute the crime of attempted theft.

The police captured two burglars...

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