STATE v. PATRICK


495 P.2d 1210 (1972)

STATE of Oregon, Respondent, v. Terry James PATRICK, Appellant.

Court of Appeals of Oregon, Department 1.

Decided April 13, 1972.


Attorney(s) appearing for the Case

John Toran, Jr., Portland, argued the cause and filed the brief for appellant.

Walter L. Barrie, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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


LANGTRY, Judge.

Defendant appeals from conviction and sentence on separate counts of armed robbery and assault with intent to kill. He assigns as error the trial court's rejection of his motions to dismiss the indictment (which will be treated as motion for acquittal or directed verdict because ORS 134.150 does not appear to provide for a defendant to move for dismissal of an indictment), on the grounds (1) that insufficient...

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