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STATE v. ADAMS

M-66704, 86-347; CA A42103.

738 P.2d 988 (1987)

86 Or.App. 139

STATE of Oregon, Appellant, v. Debra Jean ADAMS, Respondent.

Court of Appeals of Oregon.

Decided June 24, 1987.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause, for appellant. With him on brief, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Steven L. Myers, Portland, argued the cause for respondent. With him on brief, was Birkland & Houze, Portland.

Before WARDEN, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

VAN HOOMISSEN, Judge.

The state appeals, contending that the trial court erred in dismissing its theft complaint. See ORS 135.755.1 We agree and reverse.

The facts are essentially uncontradicted. Defendant was suspected of shoplifting from a department store. Hikade, a store security guard, saw her in the store with a necktie in her hand, then saw her leave the store. The necktie was not found in the area where she had been...

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