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STATE v. BIRT

473 P.2d 669 (1970)

STATE of Oregon, Appellant, v. William Randolph BIRT, Respondent.

Court of Appeals of Oregon, Department 2.

Decided August 13, 1970.

Attorney(s) appearing for the Case

Jacob B. Tanzer, Solicitor Gen., Salem, argued the cause for appellant. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Harry F. Elliott, Hillsboro, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

LANGTRY, Judge.

The state appeals from judgment of dismissal following the sustaining of a demurrer to an indictment alleging: Count One, the defendant committed upon a named woman robbery by force and violence, ORS 163.290; Count Two, that as a part of the same act and transaction on the same date the defendant unlawfully and forcibly ravished the same woman, ORS 163.210; and Count Three, that as a part of the same act and transaction on the same date the defendant...

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