State v. Borders

*386SCHWAB, C.J.

This is an appeal by the state from an order dismissing a misdemeanor indictment for assault and battery. While a misdemeanor charge was pending against the defendant in the justice court in Clatskanie, Oregon, defendant was indicted by a Columbia County grand jury for the same act. The trial in justice court was set for October 4, 1971. On September 29, 1971, the state moved for a continuance. The justice of the peace did not grant a continuance, but granted the defendant’s oral motion for dismissal by entry of the following order:

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“The above entitled matter coming on…