STATE v. HUDSON

No. CC-81-62; CA A22231.

642 P.2d 331 (1982)

56 Or.App. 462

STATE of Oregon, Appellant, v. Clifford HUDSON, Jr., Respondent.

Court of Appeals of Oregon.

Decided March 22, 1982.

Reconsideration Denied April 29, 1982.

Review Denied May 18, 1982.


Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Marilyn C. McManus, Deputy Public Defender, Salem, argued the cause for respondent. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Before GILLETTE, P.J., JOSEPH, C.J., and YOUNG, J.


GILLETTE, Presiding Judge.

The state appeals, pursuant to ORS 138.060(3), from an order made prior to trial dismissing an indictment charging defendant with manslaughter in the second degree. The motion was made and granted on the ground that the victim died more than one year and one day after the accident which admittedly caused her death. The defendant argued, and the trial court accepted, the theory that Oregon follows...

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