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STATE v. SMITH

No. C79-06-32073; CA 17774, No. C79-06-32074; CA 17838.

625 P.2d 1321 (1981)

51 Or.App. 223

STATE of Oregon, Respondent, v. Alvis William SMITH, Appellant. State of Oregon, Respondent, v. Alex Leon Smith, Appellant.

Court of Appeals of Oregon.

Decided March 16, 1981.

Reconsideration Denied May 21, 1981.

Attorney(s) appearing for the Case

Mary Linda Pearson, Lapwai, Idaho, argued the cause and filed the briefs for appellants.

Jan P. Londahl, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before GILLETTE, P.J., ROBERTS, J., and CAMPBELL, J. Pro Tem.

ROBERTS, Judge.

Defendants, Warm Springs Treaty Indians, were convicted by a jury of possession of food fish illegally taken in another state, ORS 509.105, a class A misdemeanor, and the felony of illegal transporting of food fish, ORS 509.011. Their indictments as to ORS 509.105 alleged as follows:

"The said defendant, on or about May 18, 1979, in the County of Multnomah, State of Oregon, did unlawfully and knowingly...

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