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STATE v. DeSAUTEL

566 P.2d 922 (1977)

30 Or.App. 157

STATE of Oregon, Appellant-Cross-Respondent, v. Sidney A. DeSautel, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided July 18, 1977.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant-cross-respondent. With him on the briefs were James A. Redden, Atty. Gen. and W. Michael Gillette, Sol. Gen., Salem.

J. Rion Bourgeois, Portland, argued the cause and filed the brief for respondent-cross-appellant. With him on the brief were Philip H. Lowthian and Evans, Anderson, Hall and Grebe, Portland.

Before SCHWAB, C.J., THORNTON, J., and FORT, Senior Judge.

FORT, Senior Judge.

The state appeals from an order of the circuit court entered on an appeal by the state from an order of the district court dismissing two traffic infraction complaints on the ground that the state, at the time the consolidated matters were called for trial, refused to proceed. The validity of the orders turns on the meaning of ORS 484.390(2). The circuit court affirmed the district court dismissal on the ground that the granting or denial of a...

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