State v. Garrett

The defendant was charged by the grand jury of Multnomah County with murder in the first degree, it being alleged in the indictment that the defendant committed arson in a dwelling which resulted in the death of her daughter.

To this indictment the defendant, pursuant to ORS 135.830, plead a former acquittal of the same crime charged. Her plea was sustained by the trial court and the State filed its notice of appeal., The defendant has moved for the dismissal of the appeal upon the grounds, first, that there was no proper service of the notice of appeal, and, second, that the sustaining of a…