# State v. Thomas

> Court of Appeals of Oregon · January 16, 1978 · 32 Or. App. 85

URL: https://www.frixlaw.com/law-library/cases/6924757

## Case

- **Full name:** STATE OF OREGON v. DAVID WAYNE THOMAS
- **Court:** Court of Appeals of Oregon
- **Decided:** January 16, 1978
- **Citations:** 32 Or. App. 85; 573 P.2d 1259; 1978 Ore. App. LEXIS 2999
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Johnson
- **Judges:** Johnson, Roberts, Tanzer
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6924757

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6924757. Public record. Not legal advice.