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STATE v. FREELAND

No. TC C81-04-32282; CA A22721; SC 28856.

667 P.2d 509 (1983)

295 Or. 367

STATE of Oregon, Respondent On Review, v. Johnny Dale FREELAND, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided July 26, 1983.

Reargued and Resubmitted June 8, 1983.

Attorney(s) appearing for the Case

Virginia L. Linder, Salem, argued and submitted brief for respondent on review. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

James S. Coon, Portland, argued and submitted brief for petitioner on review. With him on the brief was Sobel & Coon, Portland.

John L. Collins, McMinnville, filed a brief for amicus curiae Or. Dist. Attys. Ass'n.

Diane L. Alessi, Portland, filed a brief for amicus curiae Or. Criminal Defense Lawyers Ass'n. With her on the brief was John Henry Hingson, III, Oregon City.

LINDE, Justice.

Oregon law provides that a person may be charged with a felony either by grand jury indictment or by a district attorney's information filed in circuit court after a showing of probable cause in a preliminary hearing before a magistrate, unless the accused waives either indictment or the preliminary hearing. Or. Const. art. VII (amended), § 5(3) to (5); ORS 135.070-135.185. Administration of the system of initiating a prosecution, including this...

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