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State v. Langis

Oregon Supreme Court
444 P.2d 959 (1968)


Facts

Langis (defendant) and Richard Carrier (defendant) were traveling together from Vancouver, British Columbia, to San Francisco, California, by bus and by hitchhiking. Around Eugene, Oregon, however, the pair stole a vehicle to continue their trip south. The Oregon State Police apprehended them just north of Rosenberg, Oregon, the next major city south of Eugene. The two cities are approximately 70 miles apart. Langis and Carrier were charged with larceny of a motor vehicle. At trial, Carrier testified that he was driving the vehicle and had intended to leave the car in Rosenberg, Oregon, in “perfect condition.”  The court instructed the jury that “…if…the defendant took the automobile with the intent to appropriate it to his own use and with intent to abandon later the automobile in such circumstances as would render its recovery by the owner difficult or unlikely, then…the taking was with the intent to permanently deprive the owner of the property.” Langis was convicted and he appealed, arguing that the court improperly instructed the jury.

Rule of Law

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Issue

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Holding and Reasoning (Layton, C.J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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