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STATE EX REL GLADDEN v. KELLY

213 Or. 197 (1958)

324 P.2d 486

STATE EX REL GLADDEN v. KELLY

Supreme Court of Oregon.

Writ issued April 16, 1958.

Attorney(s) appearing for the Case

Peter S. Herman, Assistant Attorney General, Salem, argued the cause for the relator. With him on the brief was Robert Y. Thornton, Attorney General, Salem.

Merlin Estep, Salem, argued the cause for defendant. On the briefs were Hewitt & Estep, Salem.

DEMURRER OVERRULED AND WRIT ORDERED TO ISSUE.

PERRY, C.J.

Robert B. Merrill was indicted in the Circuit Court of the State of Oregon for the County of Jackson on October 22, 1945, the charging part of the indictment reading as follows:

"The said Robert Benjamin Merrill on the 25th day of July, A.D. 1945, in the said County of Jackson and State of Oregon, then and there being, and then and there being armed with a dangerous weapon, to-wit, a beer bottle...

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