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STATE v. BAILEY

B68-768; CA A42865.

743 P.2d 1123 (1987)

87 Or.App. 664

STATE of Oregon, Respondent, v. Joyce Kay BAILEY, Appellant.

Court of Appeals of Oregon.

Decided October 14, 1987.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and John A. Reuling, Jr., Asst. Atty. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

WARDEN, Presiding Judge.

Defendant was convicted in a jury trial of theft in the second degree, ORS 164.045(1),1 for eating and not paying for an 87 cent package of cashews from the stock in her employer's grocery store. She appeals, and we reverse.

Defendant first contends that the trial court erred in excluding evidence that it was the employer's policy or practice to allow employes...

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