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STATE v. KOENNECKE

565 P.2d 376 (1977)

29 Or.App. 637

STATE of Oregon, Appellant, v. Glenn Frederick KOENNECKE, Respondent.

Court of Appeals of Oregon.

Decided June 1, 1977.

Attorney(s) appearing for the Case

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

Dwight L. Schwab, Portland, argued the cause for respondent. With him on the brief were Schwab, Burdick & Hilton and James C. Niedermeyer, Portland.

Before SCHWAB, C.J., and LEE and RICHARDSON, Judges.

RICHARDSON, Judge.

Defendant was indicted on September 28, 1973, for attempted murder of Donald Weber, a police officer, by "firing a high powered rifle at the said Donald M. Weber from close range." On motion of defendant the court dismissed the indictment on the ground certain evidence material to his defense was lost or destroyed in violation of his constitutional rights as set out in Brady v. Maryland, 373 U.S. 83, 83 S.Ct...

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