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STATE v. ELKINS

216 Or. 509 (1959)

339 P.2d 715

STATE OF OREGON v. ELKINS ET AL

Supreme Court of Oregon.

Affirmed May 27, 1959.

Attorney(s) appearing for the Case

Arthur G. Higgs, Assistant Attorney General, Portland, argued the cause for appellant. With him on the brief was Robert Y. Thornton, Attorney General, Salem.

Walter H. Evans, Jr., Portland, filed a brief for respondents Elkins and Ferguson.

Howard R. Lonergan, Portland, filed a brief for respondent Maloney.

David H. Fertig, Portland, filed a brief for respondent McLaughlin.

Before McALLISTER, Chief Justice, LUSK, WARNER, PERRY, SLOAN, O'CONNELL and MILLARD, Justices.

AFFIRMED.

O'CONNELL, J.

This is an appeal by the State from a judgment of the circuit court for Multnomah County sustaining demurrers to the indictments returned against defendants in nine separate cases which were consolidated on appeal. All of the indictments charged the defendants with the same crime. The charging part of the indictment reads as follows:

"The said James B. Elkins, H.E. Ferguson, Thomas E. Maloney and Joseph P. McLaughlin, on or...

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