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STATE v. MACK

569 P.2d 624 (1977)

31 Or.App. 59

STATE of Oregon, Respondent, v. Fabian S. MACK, Appellant.

Court of Appeals of Oregon.

Decided October 4, 1977.

Attorney(s) appearing for the Case

David C. Silven, Baker, argued the cause for appellant. With him on the brief was Banta, Silven & Young, Baker.

Michael T. Dugan, Deputy Dist. Atty., Baker, argued the cause for respondent. With him on the brief was Jesse R. Himmelsbach, Jr., Dist. Atty., Baker.

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

TANZER, Judge.

Defendant appeals from a conviction of second degree theft of lost or mislaid property.1 The principal issue on appeal is whether the conviction can be sustained in light of the state's undisputed proof at trial that the property in question was either stolen or taken without permission rather than lost or mislaid.

Defendant owns and operates a jewelry store. Sometime in June 1976, two boys brought a diamond ring...

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