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STATE v. CRACE

554 P.2d 628 (1976)

26 Or.App. 927

STATE of Oregon, Respondent, v. Victor Virgil CRACE, Jr., Appellant.

Court of Appeals of Oregon.

Decided September 27, 1976.

Attorney(s) appearing for the Case

Bryan L. Peterson, Portland, argued the cause for appellant. With him on the brief were Peterson, Susak & Peterson, P.C., Portland.

John L. Snyder, Dist. Atty., Dallas, argued the cause and filed the brief for respondent.

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

FORT, Judge.

Defendant appeals from his conviction for criminal mischief in the first degree, ORS 164.365. On November 19, 1975, employes of Wimer Logging Company, Inc., discovered that several pieces of logging equipment had been damaged during the previous night. Most of the damage had been inflicted by bullet shots. Defendant was subsequently charged with the offense and convicted by a jury. ORS 164.365 provides:

"(1) A person commits the crime of criminal...

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