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STATE v. GOAKEY

No. 79-1705-M; CA 16183.

613 P.2d 1074 (1980)

47 Or.App. 31

STATE of Oregon, Appellant, v. O.W. GOAKEY and Peggy Goakey, Respondents.

Court of Appeals of Oregon.

Decided July 14, 1980.

Attorney(s) appearing for the Case

Richard L. Garbutt, Deputy Dist. Atty., Klamath Falls, argued the cause and filed the brief for appellant.

Ort W. Goakey, Klamath Falls, argued the cause and filed the brief for respondents.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

JOSEPH, Presiding Judge.

Defendants were charged in justice court with criminal trespass (ORS 164.245), a Class C misdemeanor. In the justice court defendants' demurrer, based on a claim that the citation did not sufficiently allege an offense, was sustained. The charge was dismissed. A letter from the judge granting 20 days to "refile" was attached to the order. The state filed a new complaint within the 20-day time period, but in district court. The district court...

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