NEWMAN, J.
The state appeals a pre-trial order that dismissed an indictment. Defendant had reported that his property had been stolen, filed an insurance claim and collected $1,000 from the insurance company. Subsequently the company learned that defendant had disposed of the property himself. The state indicted defendant for theft. ORS 164.055. He executed a civil compromise agreement with the company and a promissory note agreeing to repay $1,000 in monthly installments...
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