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STATE EX REL. HAAS v. SCHWABE

556 P.2d 1366 (1976)

276 Or. 853

STATE of Oregon ex rel. Harl Haas, District Attorney for Multnomah County, Oregon, Respondent, v. The Honorable Peter A. SCHWABE, Jr., Judge Pro Tempore of the District Court for Multnomah County, Oregon, Appellant.

Supreme Court of Oregon.

Decided December 2, 1976.

Attorney(s) appearing for the Case

Maxwell Donnelly, Portland, argued the cause and filed briefs for appellant.

W. Michael Gillette, Solicitor Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen.

Before DENECKE, C.J., and McALLISTER, O'CONNELL, HOLMAN, HOWELL, BRYSON and SLOPER, JJ.

HOWELL, Justice.

This is an appeal by a pro tempore judge of the District Court for Multnomah County from an order of the Multnomah County Circuit Court directing a peremptory writ of mandamus to issue to the district judge requiring him to reinstate a verdict of guilty and to enter judgment against the defendant in a criminal case in the district court.

The facts are not in dispute.

A criminal trial charging a defendant with driving under the influence...

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