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STATE v. MORTENSON

555 P.2d 940 (1976)

27 Or.App. 265

STATE of Oregon, Respondent, v. Charles Frederick MORTENSON, Appellant.

Court of Appeals of Oregon.

Decided November 8, 1976.

Attorney(s) appearing for the Case

John K. Hoover, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Donald L. Paillette, 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 LEE and TANZER, JJ.

TANZER, Judge.

This is an appeal in a criminal case from a conviction for unauthorized use of a vehicle. The indictment charged alternative counts of violation of ORS 164.135 which provides in pertinent part:

"(1) A person commits the crime of unauthorized use of a vehicle when: "(a) He takes, operates, exercises control over, rides in or otherwise uses another's vehicle, boat or aircraft without consent of the owner; or "* * * ...

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