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STATE v. SWEET

No. 79-1385M; CA 15693.

610 P.2d 310 (1980)

46 Or.App. 31

STATE of Oregon, Appellant, v. Ronald Eugene SWEET, Respondent.

Court of Appeals of Oregon.

Decided May 5, 1980.

Attorney(s) appearing for the Case

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

Enver Bozgoz, Klamath Falls, waived appearance for respondent.

Before JOSEPH, P.J., and RICHARDSON and WARDEN, JJ.

JOSEPH, Presiding Judge.

The state contends the trial court erred in sustaining defendant's demurrer to a complaint charging defendant and 11 others with criminal mischief in the second degree, ORS 164.354(1)(b).1

The charging part of the complaint is set forth as follows:

The above named defendants are accused * * * by this complaint of the crime of criminal mischief in the second...

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