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STATE v. SHEPPARD

No. 17-770; CA 9221.

581 P.2d 549 (1978)

STATE of Oregon, Respondent, v. Martinez Leroy SHEPPARD, Appellant.

Court of Appeals of Oregon.

Decided July 5, 1978.

Attorney(s) appearing for the Case

Steven L. Verhulst, Hillsboro, argued the cause for appellant. With him on the brief was Garland, Karpstein & Boyer, Hillsboro.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE, RICHARDSON, and JOSEPH, JJ.

LEE, Judge.

Defendant appeals his conviction subsequent to the trial court's denial of his motion to dismiss for lack of subject matter jurisdiction over an information charging arson under ORS 164.325.1 Defendant contends that under the provisions of Amended Art. VII, § 5(5), Oregon Constitution, the prosecutor must proceed to trial on the same charge on which defendant was bound over to the circuit court by the magistrate. We do...

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