State v. Hirsch

The defendant was indicted for a theft by receiving. ORS 164.095. The jury returned a verdict of guilty and the defendant appealed. The Court of Appeals by per curiam opinion, State v. Mark Lee Hirsch, 12 Or App 20, 503 P2d 726 (1972), held:

“Affirmed. State v. Keller, 9 Or App 613, 497 P2d 868, Sup Ct review allowed (1972).”

We granted review because the Court of Appeals relied upon their decision in Keller, in which we granted review and reversed. See State v. Keller, 265 Or 622, 510 P2d 568 (1973).

A review of the evidence in this case reveals there is' no similarity between the facts in the…