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STATE v. BORDERS

496 P.2d 243 (1972)

STATE of Oregon, Appellant, v. Robert O. BORDERS, Respondent.

Court of Appeals of Oregon, Department 1.

Decided April 27, 1972.

Rehearing Denied May 25, 1972.

Review Denied August 1, 1972.

Attorney(s) appearing for the Case

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

Robert P. VanNatta, St. Helens, argued the cause for respondent. On the brief were VanNatta & Petersen, St. Helens.

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

SCHWAB, Chief Judge.

This is an appeal by the state from an order dismissing a misdemeanor indictment for assault and battery. While a misdemeanor charge was pending against the defendant in the justice court in Clatskanie, Oregon, defendant was indicted by a Columbia County grand jury for the same act. The trial in justice court was set for October 4, 1971. On September 29, 1971, the state moved for a continuance. The justice of the peace did not grant a continuance...

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