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STATE v. THOMAS

578 P.2d 452 (1978)

34 Or.App. 187

STATE of Oregon, Appellant, v. David Wayne THOMAS, Respondent.

Court of Appeals of Oregon, In Banc.

Petition for reconsideration filed February 15, 1978.

Former opinion filed January 16, 1978.

Attorney(s) appearing for the Case

James A. Redden, Atty. Gen., Al J. Laue, Sol. Gen. and Thomas H. Denney, Asst. Atty. Gen., Salem, for appellant.

No appearance contra.

On appellant's petition for reconsideration filed February 15, 1978.

Former opinion filed January 16, 1978, 32 Or.App. 85, 573 P.2d 762 (1978).

JOHNSON, Judge.

The state appeals from a trial court order sustaining defendant's demurrer to a uniform traffic citation and complaint. In our former opinion, we held that "[a]n order which merely sustains a demurrer and does not dismiss...

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