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STATE v. HYDE

561 P.2d 659 (1977)

28 Or.App. 809

STATE of Oregon, Respondent, v. David HYDE, Appellant.

Court of Appeals of Oregon.

Decided March 21, 1977.

Attorney(s) appearing for the Case

Robert Mix, Corvallis, argued the cause and filed the briefs for appellant.

W. Michael Gillette, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was James A. Redden, Atty. Gen., Salem.

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

TANZER, Judge.

Defendant appeals his conviction for perjury, asserting several rulings to have been erroneous.

First, he complains of the failure of the trial court to sustain his demurrer. The indictment charged as follows:

"The said DAVID HYDE on or about the 11th day of February, 1976, in the County of Benton and State of Oregon, having been called as a witness before the Benton County District Court in...

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