STATE v. KELLEY


563 P.2d 749 (1977)

29 Or.App. 321

STATE of Oregon, Respondent, v. Donald J. KELLEY, Appellant.

Court of Appeals of Oregon.

Decided May 2, 1977.


Attorney(s) appearing for the Case

Donald R. Crane, Klamath Falls, argued the cause for appellant. With him on the brief was Crane & Bailey, Klamath Falls.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., W. Michael Gillette, Sol. Gen., and Stephen H. Keutzer, Chief Counsel, Salem.

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


TANZER, Judge.

Defendant appeals his conviction on two counts of first degree theft, ORS 164.055. The charges arose from a complicated series of transactions between defendant and the City of Klamath Falls involving the annexation, subdivision and development of defendant's land on the outskirts of the city. Most of the basic facts are undisputed. At trial the critical issue was whether defendant acted with the requisite intent.

In May 1972, defendant, a civil...

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