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STATE v. KING

DA428527; CA A69887.

846 P.2d 412 (1993)

118 Or. App. 4

STATE of Oregon, Respondent, v. Willie KING, Appellant.

Court of Appeals of Oregon.

Decided February 3, 1993.

Attorney(s) appearing for the Case

Dan Maloney, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Ann F. Kelley, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.

ROSSMAN, Presiding Judge.

Defendant appeals his conviction for theft in the third degree. ORS 164.043. We reverse.

On August 31, 1990, two Portland police officers were sent to the Union Pacific Railroad yards to investigate a report that three people were seen trespassing on Union Pacific's property. Upon arrival, the officers saw defendant unloading scrap metal from a railroad car. The officers arrested him for theft.

Defendant assigns error to the...

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