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STATE EX REL. RICCO v. BIGGS

198 Or. 413 (1953)

255 P.2d 1055

STATE OF OREGON EX REL. RICCO v. BIGGS, CIRCUIT JUDGE

Supreme Court of Oregon.

Peremptory writ ordered April 8, 1953.

Peremptory writ issued May 11, 1953.

Attorney(s) appearing for the Case

Martin P. Gallagher argued the cause for plaintiff. On the brief were Gallagher & Gallagher, of Ontario.

Charles W. Swan, District Attorney, of Vale, argued the cause and filed a brief for defendant.

Before LATOURETTE, Chief Justice, and WARNER, ROSSMAN, LUSK, TOOZE and PERRY, Justices.

PEREMPTORY WRIT ORDERED.

TOOZE, J.

This is an original proceeding in mandamus, instituted by the state of Oregon, ex rel. Marie Ricco, as plaintiff, against M.A. Biggs, as judge of the circuit court of the state of Oregon for the ninth judicial district, as defendant, to require the defendant to decide on the merits a motion for a change of venue in a criminal case involving an alleged misdemeanor.

On August 26, 1952, an indictment was returned by...

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