Opinion

State v. Thomas

  • 32 Or. App. 85
  • 573 P.2d 1259
  • 1978 Ore. App. LEXIS 2999
Court
Court of Appeals of Oregon
Filed
Jan 16, 1978
Status
Published
Author
Johnson
On the bench
Johnson, Roberts, Tanzer
Cited by
4 cases
Authority
More cited than 86.6%

The opinion

JOHNSON, J.

The state seeks to appeal from a trial court order sustaining defendant’s demurrer to a uniform traffic citation and complaint. An order which merely sustains a demurrer and does not dismiss or set aside the complaint is not an appealable order under ORS 157.081 and ORS 138.060, which provides in part:

"The state may take an appeal from the circuit court to the Court of Appeals from:

"(1) An order made prior to trial dismissing or setting aside the accusatory instrument; " * * * * *" 1

Appeal dismissed.

This was also the rule under former ORS 138.060. See State v. Cloran, 233 Or 400 , 374 P2d 748 , 377 P2d 911 , 378 P2d 961 (1963); State of Oregon v. Davis, 207 Or 525 , 296 P2d 240 (1956); State of Oregon v. Berry and Walker, 204 Or 69 , 267 P2d 993 , 267 P2d 995 , 282 P2d 344 , 282 P2d 347 (1955); State of Oregon v. Brown, 5 Or 119 (1873).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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