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STATE v. MITCHELL

495 P.2d 1245 (1972)

STATE of Oregon, Appellant, v. John C. MITCHELL, Respondent.

Court of Appeals of Oregon, Department 1.

Decided April 13, 1972.

Attorney(s) appearing for the Case

Robert A. Lucas, Dist. Atty., St. Helens, argued the cause and filed brief for appellant.

James T. Marquoit, Portland, argued the cause for respondent. On brief were Maizels & Marquoit, Portland.

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

LANGTRY, Judge.

This is an appeal from a circuit court order granting a motion to set aside an "amended" indictment charging defendant with sale of marihuana.

Defendant was indicted by the Columbia County grand jury on March 1, 1971, for unlawful sale of marihuana. The case resulted in a mistrial because the jury was unable to reach a verdict. A subsequent grand jury, at the instance of the district attorney, returned an "amended" indictment which differed...

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