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STATE v. EDMISTON

No. J 78-3045; CA 13748.

602 P.2d 282 (1979)

43 Or.App. 13

STATE of Oregon, Appellant, v. Shirley EDMISTON, Aka Shirley Phillips, Respondent.

Court of Appeals of Oregon.

Decided November 5, 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.

James C. Farrell, Roseburg, argued the cause and filed the brief for respondent.

Before TANZER, P.J., and THORNTON and CAMPBELL, JJ.

THORNTON, Judge.

The state appeals from an order sustaining defendant's demurrer to an indictment charging kidnapping in the second degree and conspiracy to kidnap.1 The indictment alleges that defendant took a child from its mother at the direction of the child's father, and that the father is the husband of the mother.2 The trial court dismissed the indictment and...

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