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STATE v. HORTON

248 Or. 141 (1967)

432 P.2d 518

STATE OF OREGON, Respondent, v. FATE D. HORTON, Appellant.

Supreme Court of Oregon.

Appeal dismissed October 18, 1967.

Attorney(s) appearing for the Case

Robert L. Olson, Portland, argued the cause and filed the brief for appellant.

Bill L. Williamson, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

Before PERRY, Chief Justice, and SLOAN, GOODWIN, HOLMAN and WOODRICH, Justices.

APPEAL DISMISSED.

PER CURIAM.

Defendant was indicted for an alleged violation of ORS 697.035, a misdemeanor. On motion of the defendant, consented to by the district attorney, the trial court quashed the indictment. The trial court ordered the case resubmitted to the grand jury. Defendant appeals from this order.

The order of the trial court is not an appealable order. ORS 19.010. The rationale of the recent...

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