State v. Mathie

The state appeals from an order allowing defendant’s demurrer to an indictment which charged conspiracy to commit burglary in the first degree in Count I and "as part of the same act and transaction alleged in Count I” conspiracy to commit custodial interference in the first degree. The trial court found that the indictment did not conform to ORS 132.560 1 and ordered the indictment resubmitted to the grand jury.

We reverse and remand for trial.

In passing upon the validity of an indictment, the trial court is bound by the terms of the accusatory instrument. State v. Norton, 9 Or App 595, 497…