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STATE v. FLAMER

No. 10-79-04423; CA 18418.

633 P.2d 860 (1981)

54 Or.App. 17

STATE of Oregon, Respondent, v. Bennett FLAMER, Aka Roland Alexander, Appellant.

Court of Appeals of Oregon.

Decided September 14, 1981.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, and John Daugirda, Deputy Public Defender, Salem, filed the brief for appellant.

James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., William F. Gary, Deputy Sol. Gen., and Virginia L. Linder, Asst. Atty. Gen., Salem, filed the brief for respondent.

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

WARREN, Judge.

In a trial to the court, defendant was convicted of perjury. ORS 162.065.1 He appeals the judgment of conviction, asserting that the pretrial release officer who administered the oath under which he allegedly made false statements did not have express authority to administer oaths. The state concedes that a conviction for perjury cannot be predicated upon an oath taken before a person lacking express statutory authority...

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