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STATE EX REL. REDDEN v. DAVIS

SC 26086.

604 P.2d 879 (1980)

288 Or. 283

STATE of Oregon, ex rel. James A. REDDEN, Attorney General, Plaintiff-Relator, v. Alan F. DAVIS, Judge of the Circuit Court of the State of Oregon for the County of Multnomah, Defendant.

Supreme Court of Oregon, In Banc.

Decided January 8, 1980.

Attorney(s) appearing for the Case

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

Constance Crooker, Portland, argued the cause and filed the brief for defendant.

LENT, Justice.

The issue in this case is whether, after a verdict of "guilty" in a criminal case has been ordered received and filed,1 the trial judge is empowered to order the indictment dismissed because he finds that the evidence presented upon trial was insufficient to sustain a conviction of the crime charged in the indictment.

In this exercise of original jurisdiction, Or.Const. Art. VII (Amended), § 2, we directed the...

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