STATE v. LANCE

No. 25554; CA 16208.

616 P.2d 546 (1980)

48 Or.App. 141

STATE of Oregon, Appellant, v. Michael Glen LANCE, Respondent.

Court of Appeals of Oregon.

Decided September 8, 1980.


Attorney(s) appearing for the Case

John C. Bradley, 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.

Thomas J. Crabtree, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before SCHWAB, C.J., and THORNTON and RICHARDSON, JJ.


THORNTON, Judge.

This is an appeal by the state from the dismissal of an indictment charging two counts of manslaughter in the second degree and one count of failure to perform duties of a driver involved in an accident. The trial court dismissed the indictment following a showing by defendant, who claimed that the cause of the accident was complete brake failure, that the state, after testing the brakes, had effectively eliminated the possibility of proving such...

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