STATE OF OREGON v. BERRY AND WALKER


204 Or. 69 (1955)

267 P.2d 993

267 P.2d 995

282 P.2d 344

282 P.2d 347

STATE OF OREGON v. BERRY AND WALKER STATE OF OREGON v. BERRY STATE OF OREGON v. WALKER

Supreme Court of Oregon.

Argued February 2, 1955.

Denied March 10, 1954.

Reversed April 13, 1955.


Attorney(s) appearing for the Case

E.F. Bernard, of Portland, for the motion.

John B. McCourt, District Attorney for Multnomah County, and Charles E. Raymond and J. Raymond Carskadon, Deputy District Attorneys for Multnomah County, of Portland, contra.


MOTION DENIED.

LUSK, J.

This is a motion by the defendant Thomas G. Walker to dismiss an appeal taken by the state from a judgment of acquittal in a criminal action.

The defendant was indicted jointly with Richard L. Berry for a violation of Oregon Laws 1941, ch 439 § 3 (now ORS 163.090, as amended by Oregon Laws 1953, ch 676), which defines the crime of "negligent homicide", and was tried separately. Before the completion of the state's case...

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