STATE v. TUCKER


554 P.2d 547 (1976)

26 Or.App. 909

STATE of Oregon, Respondent, v. Thomas O. TUCKER, Appellant.

Court of Appeals of Oregon.

Decided September 27, 1976.


Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Freeman Tate, certified law student, Howard University, Washington, D.C., 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 THORNTON and LEE, JJ.


THORNTON, Judge.

Defendant was convicted after jury trial of theft in the first degree in violation of ORS 164.055. The subject of the theft was a used automobile. Callie Fitch was the contract purchaser of the vehicle; Don Bearteet was the legal owner.

Defendant appeals contending that the trial judge erred in denying his motion for judgment of acquittal. The motion was based on two grounds: (1) failure of proof...

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