Legal Opinion

State v. Barnes

Court of Appeals of Oregon

Decided July 16, 1973No. 1922-CPublishedCited by 6 opinions

1Opinion of the CourtLangtry, J.

The state appeals from dismissal of an indictment charging first degree theft after the sustaining of defendant’s demurrer thereto. ORS 164.055 (1) (a) provides:

“(1) A person commits the crime of theft in the first degree if, by other than extortion, he commits theft as defined in ORS 164.015; and
“(a) The total value of the property in a single or aggregate transaction is $200 or more * * (Emphasis supplied.)

The demurrer was based on the ground the indictment states more than one crime. ORS 135.630 (3).

The indictment reads:

“The said KENNETH ROY BARNES on or about the 17th day of December,…

2Cases cited25 opinions

  1. Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
  2. State v. BrownOregon Supreme Court · 1972
  3. State v. LaundyOregon Supreme Court · 1922
  4. State of Oregon v. LongOregon Supreme Court · 1952
  5. People v. CoxNew York Court of Appeals · 1941

20 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. State v. BishopCourt of Appeals of Oregon · 1974
  2. State v. PenaCourt of Appeals of Oregon · 1973
  3. State v. JohnsonCourt of Appeals of Oregon · 1987
  4. State v. JohnsonCourt of Appeals of Oregon · 1987
  5. State v. JohnsonCourt of Appeals of Oregon · 1987

1 more not listed; retrieve them via the Exa API.

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