State v. McGilchrist

The state appeals from a pretrial order dismissing a complaint charging defendant with assault in the fourth degree. ORS 163.160.1 The trial court held that the assault charge was barred under the provisions of ORS 131.515(2)2 because of defendant’s former prosecution in the Municipal Court of Milwaukie for the traffic offense of driving under the influence of intoxicants. We reverse and remand.

Defendant was charged in the district court of Clackamas County with assault in the fourth degree on January 27, 1981, and was served on February 12, 1981, with a uniform traffic citation charging her…