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STATE v. MITCHELL

548 P.2d 1352 (1976)

STATE of Oregon, Appellant, v. Katherine Agnes MITCHELL, Respondent.

Court of Appeals of Oregon.

Decided April 26, 1976.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

John R. Urquhart, Portland, argued the cause and filed the brief for respondent.

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

LEE, Judge.

The state appeals the trial court's order sustaining a demurrer to the indictment. The defendant was charged with being a convicted felon in possession of a concealable firearm. ORS 166.270 (1973).1

The issue is whether the felony of which defendant was previously convicted was also a felony at the time the defendant allegedly committed the crime charged in the instant case.

The indictment charged that the defendant...

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