STATE v. GARRETT


564 P.2d 726 (1977)

29 Or.App. 505

STATE of Oregon, Respondent, v. Eugene GARRETT, Appellant.

Court of Appeals of Oregon.

Decided May 23, 1977.


Attorney(s) appearing for the Case

M. Chapin Milbank, Salem, argued the cause for appellant. With him on the brief was Schlegel, Milbank, Wheeler, Jarman & Hilgemann, Salem.

Charles E. Luukinen, Deputy Dist. Atty., Dallas, argued the cause for respondent. With him on the brief was John L. Snyder, Dist. Atty., Dallas.

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


TANZER, Judge.

Defendant was convicted in district court, and on appeal de novo, in circuit court on five counts of cruelty to animals, ORS 167.850(1)(b), which charged that he intentionally and recklessly subjected five dogs under his control to cruel neglect by failing to provide them with necessary and adequate food. He appeals, assigning as error the denial of his motion for judgment of acquittal and the imposition of an unlawful condition of probation.

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