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STATE v. GRATZ

461 P.2d 829 (1969)

STATE of Oregon, Appellant, v. Victor Thomas GRATZ, Respondent.

Supreme Court of Oregon, In Banc.

Decided November 26, 1969.

Attorney(s) appearing for the Case

Donald H. Turner, Dist. Atty., The Dalles, for appellant.

Lewis & Remington, The Dalles, for respondent.

PERRY, Chief Justice.

The defendant Victor Thomas Gratz was charged in two separate counts in a single indictment with armed robbery of the persons of Catherine Helzer in Count 1 and Georgie Drinkard in Count 2. Both crimes are alleged as arising out of the same transaction.

The defendant demurred to the indictment and the demurrer was sustained by the trial court. The state appeals.

The trial court apparently sustained the demurrer upon the theory...

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