State ex rel. Hemphill v. Rafferty

Defendant appeals from a judgment ordering that a writ of mandamus issue to compel him to deliver to another justice of the peace bail money he collected from plaintiff Hemphill. The case was decided on a demurrer to the alternative writ.

The writ alleged that on August 12, 1964, Hemp-hill was arrested for driving a vehicle while under the influence of liquor. He had been issued a uniform traffic citation and complaint as required by ORS 484.150. Hemphill appeared the next day in the justice court of defendant. He plead not guilty and asked for time to see an attorney. Bail was set at $300.…