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STATE v. THORNTON

No. 78-8-161; CA 13043.

599 P.2d 1160 (1979)

41 Or.App. 469

STATE of Oregon, Appellant, v. Marvin Brian THORNTON, Respondent.

Court of Appeals of Oregon.

Decided August 20, 1979.

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 Walter L. Barrie, Sol. Gen., Salem.

C. Steven Vess, Oregon City, argued the cause and filed the brief for respondent.

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

TANZER, Judge.

The state appeals from an order dismissing an indictment charging defendant with first-degree burglary on the ground that the indictment circumvented the jurisdiction of the juvenile court. The juvenile court had previously denied the state's motion to remand defendant to circuit court and dismissed a petition charging defendant with the same burglary for which he was later indicted.

Defendant was...

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