State v. Swanson

Defendant appeals his conviction for theft in the first degree. Former ORS 164.055. He assigns as error the trial judge’s denial of his motion for acquittal, claiming a variance between the allegations in the indictment and the facts proven. We affirm.

On October 2,1986, Willard tried to sell a violin and accessories worth about $500 for $40 in a violin store. A store employe recognized the violin as stolen and called the police. Willard told the police that the violin was stolen and that he had received it from defendant, who had asked him to sell it. Both Willard and defendant stated that…