STATE v. DANIEL

88 D 101651; CA A49791.

780 P.2d 784 (1989)

98 Or.App. 695

STATE of Oregon, Appellant, v. Richard Scott DANIEL, Respondent.

Court of Appeals of Oregon.

Decided October 11, 1989.

Reconsideration Denied November 24, 1989.


Attorney(s) appearing for the Case

Michael C. Livingston, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Jay Edwards, Salem, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


DEITS, Judge.

The state appeals an order dismissing an information charging defendant with the crime of public indecency, ORS 163.465, for exposing himself to a passing motorist on Interstate 5. We reverse and remand.

On the day set for trial in this case, the deputy district attorney told the court that the complaining witness was not available to testify on that day. She explained that the witness was a traveling sales representative from Snohomish, Washington...

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