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STATE v. SNOW

148,800; CA A34542.

713 P.2d 611 (1986)

77 Or.App. 317

STATE of Oregon, Appellant, v. Ronald SNOW, Respondent.

Court of Appeals of Oregon.

Decided January 29, 1986.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Salem.

Walter J. Todd, Salem, filed the brief for respondent.

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

JOSEPH, Chief Judge.

The state appeals from a judgment entered after the trial court had sustained a demurrer to an indictment for the crime of escape in the first degree. ORS 162.165 (as in effect at the relevant time) provided, in relevant part:

"(1) A person commits the crime of escape in the first degree if: "(a) Aided by another person actually present, he uses or threatens to use physical force in escaping from custody or a correctional facility...

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