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STATE v. CORNELL/PINNELL

85-1106; 85-1107; CA A38557 (Control); CA A39036.

732 P.2d 922 (1987)

83 Or.App. 559

STATE of Oregon, Appellant, v. DONALD EDWARD CORNELL, Respondent. State of Oregon, Appellant, v. Mark Allen Pinnell, Respondent.

Court of Appeals of Oregon.

Decided February 11, 1987.

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., Sol. Gen., Salem.

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for respondents. With him on brief was Gary D. Babcock, Public Defender, Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

WARDEN, Presiding Judge.

The state appeals orders dismissing charges of aggravated murder against each defendant. We affirm.

Defendants were each charged with one count of aggravated murder, ORS 163.095(1)(e), and two counts of felony murder, ORS 163.115(1)(b), all related to the killing of the same victim. Both defendants moved for dismissal of the aggravated murder counts, and in substantially identical pretrial orders the trial court granted the motions...

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