STATE v. HANSEN

No. DA141285; CA 11234.

587 P.2d 508 (1978)

37 Or.App. 461

The STATE of Oregon, Appellant, v. Peter HANSEN, a/k/a Housen, Peter, Respondent.

Court of Appeals of Oregon.

Decided December 11, 1978.


Attorney(s) appearing for the Case

Jan P. Londahl, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Robert J. Castagna, Portland, argued the cause for respondent. With him on the brief was William K. Shepherd, Portland.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.


GILLETTE, Judge.

The state appeals pursuant to ORS 138.060(1)1 from an "Order and Judgment of Acquittal" entered prior to trial dismissing a charging instrument.

We find the entry of the order to have been an abuse of discretion, and reverse.

The essential facts are: Defendant was charged by complaint with the Class A Misdemeanor of Menacing on November 28, 1977. The case was set for trial May 2, 1978. On May 1, 1978, the...

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