STATE v. POWELL


233 Or. 71 (1962)

377 P.2d 7

STATE OF OREGON v. POWELL

Supreme Court of Oregon.

Reversed and remanded December 19, 1962.


Attorney(s) appearing for the Case

John E. Moore, Deputy District Attorney, Eugene, argued the cause for appellant. With him on the brief was William F. Frye, District Attorney, Eugene.

No appearance for respondent.

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


REVERSED AND REMANDED.

GOODWIN, J.

The state appeals from a judgment on a demurrer in favor of the defendant in a prosecution for passing another motor vehicle at an intersection when the movement could not be made in safety.

The circuit court, hearing the case de novo upon appeal from the district court, sustained the defendant's demurrer to the complaint. The demurrer was grounded upon the failure of...

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