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STATE v. SWANSON

C86-09-34947; CA A44178.

753 P.2d 431 (1988)

90 Or.App. 543

STATE of Oregon, Respondent, v. Ronald Scott SWANSON, Appellant.

Court of Appeals of Oregon.

Decided April 20, 1988.

Attorney(s) appearing for the Case

Lawrence J. Hall, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Defendant appeals his conviction for theft in the first degree. Former ORS 164.055. He assigns as error the trial judge's denial of his motion for acquittal, claiming a variance between the allegations in the indictment and the facts proven. We affirm.

On October 2, 1986, Willard tried to sell a violin and accessories worth about $500 for $40 in a violin store. A store employe recognized the violin...

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