STATE v. DURANT

C91-09-34850; CA A73867.

857 P.2d 891 (1993)

122 Or. App. 380

STATE of Oregon, Respondent, v. Galen William DURANT, Appellant.

Court of Appeals of Oregon.

Decided August 18, 1993.


Attorney(s) appearing for the Case

Wayne Mackeson, Portland, argued the cause for appellant. With him on the briefs were Des Connall and Des Connall, P.C., Portland.

Kaye E. Sunderland, 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 DEITS, P.J., and RIGGS and DURHAM, JJ.


RIGGS, Judge.

Defendant seeks reversal of his conviction for aggravated theft in the first degree. ORS 164.057. He assigns error to the denial of his demurrer and his motion for judgment of acquittal and also to the trial court's failure to give his requested jury instructions. We reverse.

Defendant paid the victim $10,000 for a 40 percent interest in the sports cards, sports memorabilia and profits of a sports card shop. Six weeks after purchasing this interest...

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