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STATE v. PAYZANT

574 P.2d 677 (1978)

32 Or.App. 371

STATE of Oregon, Appellant, v. Thomas W. PAYZANT, Respondent.

Court of Appeals of Oregon.

Decided February 7, 1978.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Stuart M. Brown, Eugene, argued the cause for respondent. With him on the brief were Bruce E. Smith and Young, Horn, Cass & Scott, Eugene.

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

SCHWAB, Chief Judge.

Defendant was indicted by the Lane County grand jury on two counts of failing to report child abuse as provided for by ORS 418.750.1 He moved to quash the indictment on the ground that the offense charged was a violation, not a crime, and therefore the grand jury had no authority to return an indictment thereon. The circuit court granted the motion. The state appeals from an order granting the motion. We affirm.

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