State v. Thomas

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,…