State v. Gilbert

555 P.2d 31 (1976)

27 Or.App. 1

STATE of Oregon, Appellant,

v.

James W. GILBERT, Respondent.

Court of Appeals of Oregon.

Argued and Submitted May 24, 1976.

Decided October 4, 1976.

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Lee Johnson, Atty. Gen., and W. Michael Gillette, Solicitor Gen., Salem.

William F. Frye, Eugene, argued the cause and filed the brief for respondent.

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

LEE, Judge.

Under authority of ORS 138.060(1) the state appeals from orders entered by the circuit court dismissing five separate…