STATE v. GILBERT


555 P.2d 31 (1976)

27 Or.App. 1

STATE of Oregon, Appellant, v. James W. GILBERT, Respondent.

Court of Appeals of Oregon.

Decided October 4, 1976.


Attorney(s) appearing for the Case

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Lee Johnson, Atty. Gen., and W. Michael Gillette, Solicitor Gen., Salem.

William F. Frye, Eugene, argued the cause and filed the brief for respondent.

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


LEE, Judge.

Under authority of ORS 138.060(1) the state appeals from orders entered by the circuit court dismissing five separate indictments, each of which charged defendant with the theft of a different firearm owned by a different individual in violation of ORS 164.055.1 Motions for the dismissal of those indictments had been submitted by defendant following his trial on a sixth, charging him with the theft of an additional firearm...

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