STATE v. PALAIA

No. 108915; CA 14050; SC 26624.

614 P.2d 1120 (1980)

289 Or. 463

STATE of Oregon, Respondent, v. John Henry PALAIA, Petitioner.

Supreme Court of Oregon.

Decided July 23, 1980.


Attorney(s) appearing for the Case

David A. Hilgemann, of Schlegel, Milbank, Wheeler, Jarman & Hilgemann, Salem, argued the cause and filed a brief for petitioner.

Karen H. Green, Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Michael J. Francis, Asst. Atty. Gen., Salem.

Before DENECKE, C.J., and HOWELL, LENT, PETERSON and TANZER, JJ.


PETERSON, Justice.

The defendant was charged by a grand jury indictment with the crime of escape in the second degree, ORS 162.155.1 The indictment charged a violation of ORS 162.155(1)(b):

"The above named defendant is accused by the Grand Jury of the County of Marion and State of Oregon, by this indictment of the criminal offense of ESCAPE IN THE SECOND DEGREE committed...

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