STATE v. MEYER

No. DA 143938; CA 15453.

608 P.2d 582 (1980)

45 Or.App. 375

STATE of Oregon, Respondent, v. Gilbert Lee MEYER, Jr., Appellant.

Court of Appeals of Oregon.

Decided March 24, 1980.


Attorney(s) appearing for the Case

Jenny Marlin Cooke, Portland, argued the cause and filed the brief for appellant.

Robert C. Cannon, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

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


SCHWAB, Chief Justice.

Defendant appeals his conviction of assault in the fourth degree, and assigns as error the trial judge's failure to disqualify himself on motion.

On April 4, 1979, defendant appeared before Judge Thomas L. Moultrie for hearing on his motion to suppress evidence. After Judge Moultrie had denied the motion, defendant's counsel informed the court that defendant had just called counsel's attention to two pending civil actions between defendant...

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