State v. Klutke

The defendant, Dennis Klutke, was convicted sans jury of receiving stolen property and sentenced to the Oregon State Correctional Institution, and appeals.

The only error assigned is the denial of defendant’s motion for judgment of acquittal. This assignment challenges the sufficiency of the evidence to support the judgment, and requires a review of the evidence in the light most favorable to the state. State v. Fichter, 226 Or 526, 527, 360 P2d 278 (1961); State v. Rosser, 162 Or 293, 340, 341, 86 P2d 441, 87 P2d 783, 91 P2d 295 (1939).

The court could have found from the evidence that on May…