McCARTY v. STATE

No. 101-533; CA 11816.

607 P.2d 219 (1980)

45 Or.App. 21

Harold Dean McCarty, Appellant, v. STATE of Oregon, Respondent.

Court of Appeals of Oregon.

Decided March 3, 1980.


Attorney(s) appearing for the Case

Jerome E. LaBarre, P.C., Portland, and John S. Ranson, Portland, argued the cause for appellant. With them on the briefs was Ransom, Rogers & Blackman, Portland.

Michael A. Lehner, Portland, argued the cause for respondent. With him on the brief were Wm. H. Mitchell, and Hershiser, Mitchell, Mowery & Davis, Portland.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.


BUTTLER, Presiding Judge.

In this personal injury action, plaintiff, an inmate of the Oregon State Penitentiary, obtained a jury verdict against defendant; judgment was entered thereon. Within the time permitted by law, defendant filed a motion for judgment notwithstanding the verdict, which the trial judge, after oral argument, indicated he was granting. Plaintiff objected to the form of order presented to the trial court by defendant, and submitted his own form...

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