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STATE v. NUSSBAUM

487 P.2d 669 (1971)

STATE of Oregon, Appellant, v. Carolyn Abby NUSSBAUM, Respondent. State of Oregon, Appellant, v. RALPH ERIC NUSSBAUM, Respondent. STATE of Oregon, Appellant, v. JAMES CYRIL HOWE, Respondent. STATE of Oregon, Appellant, v. Paul Joseph Gratz, Respondent. STATE of Oregon, Appellant, v. KATHRYN ZERZAN, Respondent. STATE of Oregon, Appellant, v. Frances Margaret Ross Harris, Respondent. STATE of Oregon, Appellant, v. PAUL CULLEN MURPHY, Respondent. STATE of Oregon, Appellant, v. John Michael Dolan, Respondent. STATE of Oregon, Appellant, v. JEFFREY PAUL FREED, Respondent. STATE of Oregon, Appellant, v. Joseph Ray Chase, Respondent. STATE of Oregon, Appellant, v. ROBERT LOTHIAN, Respondent. STATE of Oregon, Appellant, v. Mark Anthony Viera, Respondent. STATE of Oregon, Appellant, v. RUSSELL ROLLAND HUSTED, Respondent.

Court of Appeals of Oregon, Department 1.

Decided July 29, 1971.

Rehearing Denied August 24, 1971.

Review Granted October 19, 1971.

Attorney(s) appearing for the Case

James L. Carney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Stanton F. Long, Eugene, argued the cause for respondents. With him on the brief were Johnson, Johnson & Harrang, Eugene, for respondent Harris; Terence J. Hammons, Eugene, for respondents Lothian, Viera, Chase and Husted; Robert L. Ackerman, and Babcock & Ackerman, Springfield, for respondents Nussbaum, Nussbaum, Howe, Gratz, Zerzan, Dolan, Freed and Murphy.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

FOLEY, Judge.

Defendants Carolyn Nussbaum, Ralph Nussbaum, James Howe, Paul Gratz, Kathryn Zerzan, Frances Harris, Jeffrey Freed and Robert Lothian were accused in separate indictments of participating in a riot, during the course of which a Reserve Officers Training Corps building on the University of Oregon campus was burned.

The indictments read as follows:

"The said [name of individual defendant] on or about the 15th day of April, 1970, at approximately...

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