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STATE v. BRENT

541 P.2d 1313 (1975)

STATE of Oregon, Appellant, v. Robin Alan BRENT, Respondent.

Court of Appeals of Oregon.

Decided November 3, 1975.

Attorney(s) appearing for the Case

Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem, filed the brief for appellant.

Owen D. Blank, Hillsboro, filed the brief for respondent.

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

SCHWAB, Chief Judge.

On January 3, 1975, defendant was accused by a complainant's information of the crime of criminal activity in drugs in violation of ORS 167.207. On January 10, 1975, the district court allowed defendant's written demurrer to the accusatory instrument and dismissed it.1

The state did not request permission from the district court to refile an accusatory instrument...

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