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STATE v. RODDA

No. 127,634; CA A22069, No. 127,635; CA A22101.

642 P.2d 364 (1982)

56 Or.App. 580

STATE of Oregon, Appellant, v. Gary John RODDA, Respondent.

Court of Appeals of Oregon.

Argued and Submitted January 26, 1982.

Reconsideration Denied April 29, 1982.

Review Denied May 18, 1982.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Bruce W. Williams, Salem, argued the cause and filed the brief for respondent.

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

ROBERTS, Judge Pro Tem.

Defendant was charged with two instances of official misconduct in the first degree. ORS 162.415. The trial court sustained defendant's demurrers to the indictments, and the state appeals.

The language of the indictments alleges that defendant is the State Surplus Property Coordinator of the General Services of the State of Oregon and that he did

"* * * knowingly perform an act, to...

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