State v. Bailey

WARDEN, P. J. pro tempore.

Defendant appeals his conviction for theft in the first degree. He assigns as error the trial court’s denial of his motion for a judgment of acquittal. We reverse.

In early April, 1983, defendant offered to sell a John Deere tractor to Ousley, a Harney County rancher, for $6,500. The tractor had been stolen from a Woodburn dealer in March, 1983. Ousley testified that, by April 7, 1983, he had paid defendent $2,500 and had taken possession of the tractor and that he made a final payment to defendant on November 9, 1983. In March, 1986, police found the stolen tractor…