STATE v. KNUTSEN

No. 4217; CA 12564.

597 P.2d 834 (1979)

41 Or.App. 123

STATE of Oregon, Appellant, v. Magnar Dale KNUTSEN, Respondent.

Court of Appeals of Oregon.

Decided July 16, 1979.


Attorney(s) appearing for the Case

Berkeley Ashton Smith, Deputy Dist. Atty., argued the cause and filed the brief for appellant.

Robert P. VanNatta, St. Helens, argued the cause for respondent. With him on the brief was VanNatta & Petersen, St. Helens.

Before SCHWAB, C.J., and TANZER, RICHARDSON and ROBERTS, JJ.


TANZER, Judge.

The state appeals from a pretrial order suppressing evidence in a prosecution for driving under the influence of intoxicants, ORS 487.540. Defendant first argues that we have no jurisdiction because there was no appeal from the order of dismissal.

After hearing, the trial court ordered the evidence suppressed and the case dismissed. The order was in the form of a notation on the back of the citation dated October 17, 1978.1...

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