MOTION DENIED.
LUSK, J.
This is a motion by the defendant Thomas G. Walker to dismiss an appeal taken by the state from a judgment of acquittal in a criminal action.
The defendant was indicted jointly with Richard L. Berry for a violation of Oregon Laws 1941, ch 439 § 3 (now ORS 163.090, as amended by Oregon Laws 1953, ch 676), which defines the crime of "negligent homicide", and was tried separately. Before the completion of the state's case...
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