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STATE v. IVERSON

231 Or. 15 (1962)

371 P.2d 672

STATE OF OREGON v. IVERSON

Supreme Court of Oregon.

Reversed May 23, 1962.

Attorney(s) appearing for the Case

Verden L. Hockett, Jr., Deputy District Attorney, Roseburg, argued the cause for appellant. With him on the brief was Avery W. Thompson, District Attorney, Roseburg.

Harrison R. Winston, Roseburg, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY and GOODWIN, Justices.

REVERSED WITH INSTRUCTIONS.

GOODWIN, J.

The State of Oregon appeals from a judgment of acquittal entered after the State declined to resubmit its indictment to the grand jury for revision following an order which sustained the defendant's demurrer thereto.

The charging part of the indictment reads as follows:

"The said Roger Iverson on the 19th day of March, A.D. 1961, in the said County of Douglas and State of Oregon, then and there being...

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