STATE v. McCREA

No. 78-20314, CA 14432.

604 P.2d 884 (1979)

43 Or.App. 781

STATE of Oregon, Appellant, v. Robert Jon McCrea, Respondent.

Court of Appeals of Oregon.

Decided December 24, 1979.


Attorney(s) appearing for the Case

Mary J. Deits, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the briefs were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Robert J. McCrea, Eugene, argued the cause and filed the brief for respondent.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.


RICHARDSON, Judge.

Defendant was charged with the traffic infraction of driving in excess of the maximum speed limit of 55 miles per hour, a Class C Traffic infraction, ORS 487.475. During trial to the court, after the state had rested, defendant moved for an order arresting judgment or in the alternative for an order dismissing the complaint. Defendant contended that a cause of action was not stated, because the rule establishing...

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