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STATE v. MARQUELING

569 P.2d 645 (1977)

30 Or.App. 1083

STATE of Oregon, Appellant, v. James Edward MARQUELING, Respondent.

Court of Appeals of Oregon.

Decided September 26, 1977.

Attorney(s) appearing for the Case

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Todd G. Brown, Corvallis, argued the cause for respondent. With him on the brief was McClain & Brown, Corvallis.

Before SCHWAB, C.J., and RICHARDSON and JOHNSON, JJ.

SCHWAB, Chief Judge.

The dispositive issue is whether this court or the circuit court has jurisdiction over appeals from cases tried in district court prior to January 1, 1977, but in which the appeal was not taken until after January 1, 1977.

The case at bar was tried in the district court in 1976, but the notice of appeal was not filed until after January of 1977.1

Former ORS 46.250 provided that appeals from district...

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