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STATE v. FARMER

No. J78-2710; CA 15207.

605 P.2d 716 (1980)

44 Or.App. 157

STATE of Oregon, Appellant, v. Michael Ray FARMER, Respondent.

Court of Appeals of Oregon.

Argued and Submitted November 21, 1979.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Harrison R. Winston, Roseburg, waived argument and filed the brief for respondent.

Before TANZER, P.J., and THORNTON and CAMPBELL, JJ.

THORNTON, Judge.

The state appeals an order sustaining defendant's demurrer to an indictment which alleges:

"Michael Ray Farmer is accused by the Grand Jury for the County of Douglas, State of Oregon, by this indictment of the crime of THEFT IN THE FIRST DEGREE BY SALE committed as follows: "The said Michael Ray Farmer, between February 6, 1978 and February 8, 1978, A.D., in the said County of Douglas and State of Oregon, then and there being, did...

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