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MATTER OF SURBY

564 P.2d 1099 (1977)

29 Or.App. 709

In the matter of Benjamin Ray Surby, Aka Gibbs, a Child. State ex rel. Juvenile Department of Douglas County, Respondent, v. BENJAMIN RAY SURBY, Aka Gibbs, a Child, Appellant.

Court of Appeals of Oregon.

Decided June 6, 1977.

Attorney(s) appearing for the Case

Robert C. Millikan, Roseburg, filed the brief for appellant.

W. Michael Gillette, Sol. Gen., Salem, appeared for respondent.

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

Submitted on Record and Appellant's Brief May 20, 1977.

SCHWAB, Chief Judge.

The juvenile appeals from an order remanding him to adult court for trial on a charge of first degree robbery. ORS 164.415. As the state confesses error in that it failed to prove the juvenile's age, see ORS 419.476,1 we remand to the juvenile court for further proceedings on that issue. Since it appears likely that when appropriate evidence is...

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