STATE v. WEISSENFLUH

No. C7595; CA 18047.

627 P.2d 517 (1981)

52 Or.App. 61

STATE of Oregon, Respondent, v. Frank Merle WEISSENFLUH, Appellant.

Court of Appeals of Oregon.

Decided May 4, 1981.


Attorney(s) appearing for the Case

W. Eugene Hallman, Pendleton, argued the cause for appellant. With him on the brief was Mautz & Hallman, Pendleton.

Karen H. Green, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.


WARDEN, Judge.

Defendant appeals from his conviction of Forgery in the First Degree for passing a counterfeit $100 bill. Trial was to the court. Defendant assigns error to: (1) the use of a "practically certain" standard to find that defendant knew the bill was counterfeit; and (2) the denial of defendant's motion for directed verdict for lack of sufficient evidence on the two elements of knowledge and intent to defraud. We affirm.

We review the facts in the...

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