Opinion
No. 74-1309
Submitted on record and appellant's brief December 13, 1974
Reversed December 23, 1974
Appeal from Circuit Court, Lane County.
HELEN J. FRYE, Judge.
Gary D. Babcock, Public Defender, Salem, for appellant.
Lee Johnson, Attorney General, W. Michael Gillette, Solicitor General, and Thomas H. Denney, Assistant Attorney General, Salem, for respondent.
Before SCHWAB, Chief Judge, and LANGTRY and FOLEY, Judges.
REVERSED.
Defendant, having been convicted of theft in the first degree, ORS 164.055, appeals contending that the indictment under which he was tried fails to state a crime. The state concedes that his contention is correct.
Reversed.