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STATE v. PETERSON

552 P.2d 1320 (1976)

STATE of Oregon, Respondent, v. Carolyn A. PETERSON, Appellant.

Court of Appeals of Oregon.

Decided August 16, 1976.

Attorney(s) appearing for the Case

Paul J. De Muniz, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Kevin L. Mannix, 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 LANGTRY and FORT, JJ.

SCHWAB, Chief Judge.

The defendant was charged with and convicted of the crimes of conspiracy and fraudulent use of a credit card in violation of ORS 161.450 and 165.055, respectively. The trial court, for sentencing purposes, merged the conspiracy conviction with the conviction for fraudulent use. Defendant contends that a judgment of acquittal should have been directed on the grounds that there was no evidence that she intended to injure or defraud the bank which...

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