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STATE v. HASH

578 P.2d 482 (1978)

34 Or.App. 281

STATE of Oregon, Respondent, v. Robert Wallace HASH, Jr., Appellant.

Court of Appeals of Oregon, In Banc.

Argued and Submitted January 18, 1978.

Resubmitted in banc April 12, 1978.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

JOSEPH, Judge.

Defendant appeals his conviction in a trial to the court on a charge of being an ex-convict in possession of a concealable firearm. ORS 166.270(1).1 The indictment read:

"The defendant on or about the 11th day of February, 1977, in the county aforesaid, did unlawfully and knowingly have in his possession and under his control a firearm, a .32 caliber revolver, capable of being concealed upon his person, having...

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