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STATE v. CANNON

Nos. 7139, 7140; CA A26942.

671 P.2d 761 (1983)

65 Or.App. 327

STATE of Oregon, Respondent, v. Daniel Jay CANNON and Clinton W. Barker, Appellants.

Court of Appeals of Oregon.

Decided November 9, 1983.

Attorney(s) appearing for the Case

Carla D. Thompson, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

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

BUTTLER, Presiding Judge.

Defendants were convicted in a bench trial of criminal mischief in the first degree, ORS 164.365, a Class C felony, for shooting at and breaking insulators on power lines belonging to the Bonneville Power Administration. The only issue presented on appeal is whether the Bonneville Power Administration comes within the definition of a public utility under ORS 757.005(1)(a), which is incorporated by reference in ORS 164.365(1)(d).

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