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STATE v. GARRETT

574 P.2d 639 (1978)

281 Or. 281

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

Supreme Court of Oregon, In Banc.

Decided February 8, 1978.

Attorney(s) appearing for the Case

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

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

LENT, Justice.

Defendant was charged by complaint in Polk County District Court with five counts of cruelty to animals under ORS 167.850.1 He was found guilty on each count by the trial court, whereupon he appealed to the circuit court. Upon a trial de novo before a jury, at the conclusion of the state's case, defendant moved the court for a directed verdict of acquittal.2 The court denied the motion. The defendant...

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