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STATE EX REL HEMPHILL v. RAFFERTY

247 Or. 475 (1967)

430 P.2d 1017

STATE EX REL HEMPHILL, Respondent, v. RAFFERTY, Appellant.

Supreme Court of Oregon.

Affirmed August 23, 1967.

Attorney(s) appearing for the Case

Louis S. Bonney, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief was Robert Y. Thornton, Attorney General, Salem.

Donald F. Myrick, Grants Pass, argued the cause and filed a brief for respondent.

Before PERRY, Chief Justice, and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

AFFIRMED.

SLOAN, J.

Defendant appeals from a judgment ordering that a writ of mandamus issue to compel him to deliver to another justice of the peace bail money he collected from plaintiff Hemphill. The case was decided on a demurrer to the alternative writ.

The writ alleged that on August 12, 1964, Hemphill was arrested for driving a vehicle while under the influence of liquor. He had been issued a uniform traffic citation and complaint as required...

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