State v. Borders

496 P.2d 243 (1972)

STATE of Oregon, Appellant,

v.

Robert O. BORDERS, Respondent.

Court of Appeals of Oregon, Department 1.

Argued and Submitted March 27, 1972.

Decided April 27, 1972.

Rehearing Denied May 25, 1972.

Review Denied August 1, 1972.

Robert A. Lucas, Dist. Atty., St. Helens, argued the cause and filed the brief for appellant.

Robert P. VanNatta, St. Helens, argued the cause for respondent. On the brief were VanNatta & Petersen, St. Helens.

Before SCHWAB, C.J., and LANGTRY and THORNTON, JJ.

SCHWAB, Chief Judge.

This is an appeal by the state from an order dismissing a misdemeanor indictment for…