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STATE v. HOPKINS

227 Or. 395 (1961)

362 P.2d 378

STATE OF OREGON v. HOPKINS

Supreme Court of Oregon.

Appeal dismissed May 31, 1961.

Attorney(s) appearing for the Case

James E. Craig, District Attorney, McMinnville, argued the cause and filed briefs for appellant.

Charles D. Burt, Salem, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

APPEAL DISMISSED.

PER CURIAM.

The state has attempted to appeal under ORS 138.060 from an order dismissing an indictment charging the crime of negligent homicide.

ORS 138.020 provides:

"* * * Who may appeal. Either the state or the defendant may as a matter of right appeal from a judgment in a criminal action in the cases precribed in ORS 138.010 to 138.440, and not otherwise."

ORS 138.060 provides:

"* * * Appeal by state...

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