State v. Foster

This is an appeal by the State of Oregon from a judgment in a criminal case by which the trial court vacated the verdict of guilty and its previous judgment of conviction, and dismissed the indictment.

The defendants, Archie Emil Foster (true name Archie Emil Taggart) and William David Potter, were on 29 September 1960 charged by indictment with the crime of receiving and concealing stolen property, in violation of ORS 165.045. Potter alone was tried, but by stipulation the case is to be considered as if both defendants were tried, since the evidence would be the same as to both defendants.…