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STATE v. ELLIS

511 P.2d 1264 (1973)

STATE of Oregon, Respondent, v. Justin Perry ELLIS, Appellant.

Court of Appeals of Oregon.

Decided July 16, 1973.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Doyle L. Schiffman, Dist. Atty., Roseburg, argued the cause for respondent. With him on the brief was Brian R. Barnes, Deputy Dist. Atty., Roseburg.

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

FOLEY, Judge.

Defendant appeals from a conviction of the offense of hindering prosecution for which he was fined $300.

Defendant was originally indicted for burglary but at the time set for trial the district attorney moved to dismiss the indictment in order to include more charges in a subsequent indictment: "* * * According to the recent Supreme Court case, this must be all done in the same indictment. I refer to State v. Brown. * * *"1...

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