STATE v. DUFFY


576 P.2d 797 (1978)

33 Or.App. 301

STATE of Oregon, Appellant, v. Harold F. DUFFY, Respondent.

Court of Appeals of Oregon.

Decided April 3, 1978.


Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. On the brief were James A. Redden, Atty. Gen., Al J. Laue, Sol. Gen., and Donald L. Paillette, Asst. Atty. Gen., Salem.

Thomas E. Laury, Portland, argued the cause for respondent. On the brief was Charles B. Guinasso, Portland.

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


SCHWAB, Chief Judge.

Here the trial court entered an order authorizing civil compromise and dismissed a criminal charge against the defendant. The state appeals, contending — and we hold correctly so — that a criminal charge based upon failure of a driver involved in an accident to leave his name and address is not a charge which can be dismissed on the basis of civil compromise. The civil compromise statute provides:

"When a defendant is charged...

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