State v. Wilcox

Defendant appeals his conviction for first degree theft. ORS 164.055(l)(a). The issue is whether the trial court erred in amending the indictment to conform to proof presented at trial. We reverse.

The indictment reads:

“Theft in the First Degree, committed as follows:

“The said defendant(s) did, in Linn County, State of Oregon, on or about September 5, 1989, unlawfully and knowingly commit theft of money, of the value of five hundred dollars or more, the property of Pacific First Bank, Albany Branch, Albany, Oregon, contrary to the Statutes in such cases made and provided and against the peace…