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STATE EX REL. CONNALL v. ROTH

482 P.2d 740 (1971)

STATE of Oregon ex rel. George Van Hoomissen [Now Desmond D. Connall], District Attorney for Multnomah County, Plaintiff, v. The Honorable Phillip J. ROTH, Judge of the Circuit Court of Oregon for the County of Multnomah, Defendant.

Supreme Court of Oregon.

Decided March 24, 1971.

Rehearing Denied April 20, 1971.

Attorney(s) appearing for the Case

J. Bradford Shiley, Jr., Salem, Asst. Atty. Gen., argued the cause for plaintiff. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Leo Levenson, Portland, argued the cause and filed the brief for defendant.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, HOLMAN, HOWELL and BRYSON, JJ.

HOWELL, Justice.

Two individuals were indicted separately and charged with first degree murder by the grand jury of Multnomah county. Each applied for bail. At the bail hearing the district attorney presented only the grand jury indictments and contended that the indictments alone were sufficient to deny bail. The circuit judge concluded that the state had not established that the proof or presumption of guilt of the defendants of murder was evident or strong under...

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