STATE v. MOWER

No. C79-10-33734; CA 17739.

622 P.2d 745 (1981)

50 Or.App. 63

STATE of Oregon, Appellant, v. Dennis Ray MOWER, Respondent.

Court of Appeals of Oregon.

Decided January 19, 1981.

Reconsideration Denied February 26, 1981.


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 M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

David Lowell Slader, Portland, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.


THORNTON, Judge.

The state appeals from a trial court order dismissing the indictments for first degree burglary and second degree assault on the ground that the state failed to perform certain blood enzyme tests on bloodstains found on clothing seized from defendant or to preserve the clothing so that tests could be made and therefore violated defendant's due process rights under Brady v. Maryland, 383 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).

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