STATE v. McPHERSON, 250 Or. 601 (1968)

444 P.2d 5

STATE OF OREGON, Respondent, v. WALTER FRED McPHERSON, Appellant.

Oregon Supreme Court.
Argued July 12, Affirmed July 24, 1968

Appeal from Circuit Court, Washington County.

GLEN HIEBER, Judge.

AFFIRMED.

Allen L. Fallgren, Hillsboro, argued the cause for appellant. With him on the brief were Brink Moore, Hillsboro.

Richard Smurthwaite, District Attorney, Hillsboro, argued the cause and filed a brief for respondent.

Before PERRY, Chief Justice and SLOAN and GOODWIN, Justices.

PER CURIAM.

1, 2. In this appeal we are asked to re-examine our decision in State v. Carlton, 1963, 233 Or. 296,

Page 602

378 P.2d 557, in respect to a thief being charged with receiving and concealing stolen property. We decline to do so. In this case the indictment was charged in the conjunctive. “Proof of any one of the acts charged was sufficient to make out the offense.” State v. Soasey, 1964, 237 Or. 167, 171, 390 P.2d 190, 192. There was such proof in the case.

Judgment affirmed.

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