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STATE EX REL. AUTOMOTIVE EMP. v. MURCHISON

SC 26477, SC 26478.

611 P.2d 1169 (1980)

289 Or. 265

STATE of Oregon ex rel. Automotive Emporium, Inc., Plaintiff-Relator, v. John J. MURCHISON, Judge of the Circuit Court of the State of Oregon for Multnomah County; and Harl Haas, District Attorney for Multnomah County, State of Oregon, Defendants. State of Oregon ex rel. Kenneth O. Trow, Plaintiff-Relator, v. John J. Murchison, Judge of the Circuit Court of the State of Oregon for Multnomah County; and Harl Haas, District Attorney for Multnomah County, State of Oregon, Defendants.

Supreme Court of Oregon, In Banc.

Decided June 3, 1980.

Attorney(s) appearing for the Case

Charles J. Merten, Portland, argued the cause for plaintiff-relator. With him on the briefs was Merten & Saltveit, Portland.

James M. Brown, Asst. Atty. Gen., Salem, argued the cause for defendants. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

TANZER, Justice.

This is an original mandamus proceeding. Relators are indicted criminal defendants who petition this court to mandate the circuit judge and district attorney to conduct a preliminary hearing or dismiss the charges. Relators claim entitlement to a preliminary hearing, notwithstanding their indictment. The defendants on the writ assert, among other things, that mandamus is not a proper remedy because the relators may appeal if convicted.

The...

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