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STATE v. VAUGHN

Nos. 77-4587, 77-5554, 77-5555; CA 9969.

586 P.2d 804 (1978)

37 Or.App. 191

STATE of Oregon, Respondent, v. Michael Mulrooney VAUGHN, a/k/a Michael Polk, Appellant.

Court of Appeals of Oregon.

Decided November 14, 1978.

Attorney(s) appearing for the Case

Thomas J. Crabtree, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

GILLETTE, Judge.

Defendant was convicted, after a trial on stipulated facts to the court sitting without a jury, of three separate but related drug offenses.

The charges were contained in three indictments. The first indictment, in two counts, charged defendant with Tampering with Drug Records, former ORS.167.212,1 on June 29, 1977. The second indictment charged defendant with Obtaining Drugs Unlawfully, former ORS 167.228,

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