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244 Or. 377

State v. Thomas

Oregon Supreme Court

Decided September 28, 1966

Oregon Supreme Court · decided 1966-09-28

Decided 1966-09-28

LUSK, J.

¶1The defendant has appealed from a judgment of conviction of the crime of being an exconvict in possession of a concealable firearm, to wit, a revolver.

¶2*378The only assignment of error is to the court’s denial of defendant’s motion for a directed verdict of acquittal, based on the ground that there was no proof that the revolver was capable of being fired. In State v. Cartwright, this day decided, a case involving the same charge, we held that a pistol in apparently good condition is presumptively operable. That decision rules this case.

¶3The judgment is affirmed.

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