State v. Hopkins

The state has attempted to appeal under ORS 138.060 from an order dismissing an indictment charging the crime of negligent homicide.

ORS 138.020 provides:

“* * * Who may appeal. Either the state or the defendant may as a matter of right appeal from a judgment in a criminal action in the eases precribed in ORS 138.010 to 138.440, and not otherwise.”

ORS 138.060 provides:

“* * * Appeal by state. The state may take an appeal to the Supreme Court from a judgment for the defendant on a demurrer to the indictment or from an order of the court arresting the judgment.”

At the close of the state’s…