STATE v. THOMAS


573 P.2d 1259 (1978)

32 Or.App. 85

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

Court of Appeals of Oregon.

Decided January 16, 1978.


Attorney(s) appearing for the Case

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

John W. Stewart, Salem, argued the cause and filed the brief for respondent.

Before TANZER, P.J., and JOHNSON and ROBERTS, JJ.


JOHNSON, Judge.

The state seeks to appeal from a trial court order sustaining defendant's demurrer to a uniform traffic citation and complaint. An order which merely sustains a demurrer and does not dismiss or set aside the complaint is not an appealable order under ORS 157.081 and ORS 138.060, which provides in part:

"The state may take an appeal from the circuit court to the Court of Appeals from: "(1) An order made prior to trial dismissing or...

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