Oregon Supreme Court, 1966

State v. Thomas

State v. Thomas
Oregon Supreme Court · Decided September 28, 1966 · Holman, Lusk, McAllister, Perry, Sloan
244 Or. 377; 418 P.2d 837; 1966 Ore. LEXIS 637

State v. Thomas

Opinion of the Court

LUSK, J.

The 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.

*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.

The judgment is affirmed.

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