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Oregon v. Muncey

January 5, 1973

STATE OF OREGON, RESPONDENT,
v.
EMMETT RAY MUNCEY, APPELLANT



Appeal from Circuit Court, Jackson County. James M. Main, Judge. No. 72-612-C.

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

John H. Clough, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.

Fort, Judge. Schwab, Chief Judge, and Thornton, Judge.

Fort

Defendant was convicted of the crime of conspiracy. ORS 161.450. He appeals asserting as his sole assignment of error the insufficiency of the evidence to support the jury's verdict.

ORS 151.450 provides:

"(1) A person is guilty of criminal conspiracy if with the intent that conduct constituting a crime punishable as a felony or a Class A misdemeanor be performed, he agrees with one or more persons to engage in or cause the performance of such conduct.

"(2) Criminal conspiracy is a:

"(a) Class A felony if an object of the conspiracy is commission of murder, treason or a Class A felony.

"(b) Class B felony if an object of the conspiracy is commission of a Class B felony.

"(c) Class C felony if an object of the conspiracy is commission of a Class C felony.

"(d) Class A misdemeanor if an object of the conspiracy is commission of a Class A misdemeanor."

It represents a significant departure in a number of respects from the former Oregon statute (former ORS 161.320) governing the crime of conspiracy. Discussion of these departures is found in Proposed Oregon Criminal Code, Final Draft and Report 57, § 59 (July 1970), and in a comment entitled Definition of Conspiracy in the Oregon Code: A Unique Approach to the Crime, 51 Or L Rev 595 (1972). Patterned in substantial part after Model Penal Code, § 5.03 (Final Draft No. 1, 1962), it adopts the ...


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