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STATE v. DOUTHITT

576 P.2d 1262 (1978)

33 Or.App. 333

STATE of Oregon, Respondent, v. John Wesley DOUTHITT, Appellant.

Court of Appeals of Oregon, In Banc.

Decided April 3, 1978.

Resubmitted February 23, 1978.

Attorney(s) appearing for the Case

David E. Groom, Certified Law Student, Salem, argued the cause for appellant. With him on the brief were Gary D. Babcock, Public Defender, and Gary L. Hooper, Deputy 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 Al J. Laue, Sol. Gen., Salem.

Resubmitted In Banc February 23, 1978.

THORNTON, Judge.

Defendant appeals his conviction of unauthorized use of a vehicle. ORS 164.135.1 The issue is whether defendant exercised control over a vehicle such that his conduct constituted an unauthorized use proscribed by the statute.

The evidence adduced at trial was that defendant had gained entry into a parked automobile by pushing open an unlatched wind-wing and unlocking...

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