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STATE v. STAPLETON

556 P.2d 156 (1976)

27 Or.App. 389

STATE of Oregon, Appellant, v. Michael Dean STAPLETON, Respondent.

Court of Appeals of Oregon.

Decided November 15, 1976.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief was Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Allen L. Johnson, Eugene, argued the cause for respondent. With him on the brief were Jack A. Gardner and Gardner & Honsowetz, Eugene.

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

TANZER, Judge.

The state appeals an order granting defendant's demurrer to an indictment which alleges:

"[Michael Dean Stapleton] is accused by the Lane County Grand Jury of the crime of THEFT IN THE FIRST DEGREE committed as follows: "The defendant on or between the 23rd day of March, 1975 and the 15th day of January, 1976, in the county aforesaid, did unlawfully and knowingly commit theft of a cassette tape deck, valuable property, owned by the...

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