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STATE v. COHEN

CA 12428; SC 26553.

614 P.2d 1156 (1980)

289 Or. 525

STATE of Oregon, Petitioner, v. Jeffrey J. COHEN, Respondent.

Supreme Court of Oregon.

Decided July 24, 1980.

Attorney(s) appearing for the Case

Robert C. Cannon, Asst. Atty. Gen., argued the cause for petitioner. With him on the briefs were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Marianne O. Bottini, Deputy Public Defender, argued the cause for respondent. With her on the briefs was Gary D. Babcock, Public Defender, Salem.

Before DENECKE, C.J., and TONGUE, HOWELL, LENT and PETERSON, JJ.

HOWELL, Justice.

The defendant was indicted for aggravated murder, ORS 163.095(2)(d), and murder under ORS 163.115(1)(b). In a trial before the court he was convicted of both charges. The Court of Appeals reversed the conviction on the ground that the indictment charging aggravated murder was insufficient. We granted the State's petition for review.

The indictment stated in pertinent part:

"State of Oregon, Plaintiff...

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