STATE v. CLARK

No. TC 35188, CA 15862; SC 27251.

630 P.2d 810 (1981)

291 Or. 231

STATE of Oregon, Respondent, v. Andrew CLARK, Petitioner.

Supreme Court of Oregon.

Decided June 23, 1981.


Attorney(s) appearing for the Case

Robert J. McCrea of Morrow, McCrea & Divita, P.C., Eugene, argued the cause and filed a brief for petitioner.

John C. Bradley, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen. and Walter L. Barrie, Sol. Gen.

Before DENECKE, C.J., and TONGUE, LENT, LINDE, PETERSON and CAMPBELL, JJ.


LINDE, Justice.

Defendant was convicted of theft in the second degree. On appeal, he assigned as error the trial court's denial of two pretrial motions to dismiss the indictment on constitutional grounds. One of these motions claimed that defendant was denied equal protection of the law because he was prosecuted and potential codefendants were given immunity without reference to any standards for the disparate treatment, and because he could not obtain the testimony...

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