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STATE v. BAILEY

87-01-1449-C; CA A47127.

767 P.2d 114 (1989)

94 Or.App. 767

STATE of Oregon, Respondent, v. Walter BAILEY, Appellant.

Court of Appeals of Oregon.

Decided January 18, 1989.

Attorney(s) appearing for the Case

Robert Thuemmel, Portland, argued the cause and filed the brief for appellant.

Leslie Westphal, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Vera Langer, Asst. Atty. Gen., Salem.

Before WARDEN, P.J. Pro Tem., and GRABER and RIGGS, JJ.

WARDEN, Presiding Judge Pro Tem.

Defendant appeals his conviction for theft in the first degree. He assigns as error the trial court's denial of his motion for a judgment of acquittal. We reverse.

In early April, 1983, defendant offered to sell a John Deere tractor to Ousley, a Harney County rancher, for $6,500. The tractor had been stolen from a Woodburn dealer in March, 1983. Ousley testified that, by April 7, 1983...

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