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STATE v. MATHIE

No. 18-989B; CA 14693.

600 P.2d 961 (1979)

42 Or.App. 571

STATE of Oregon, Appellant, v. Michael Allen MATHIE, Respondent.

Court of Appeals of Oregon.

Decided October 8, 1979.

Attorney(s) appearing for the Case

Robert C. Cannon, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Howard R. Lonergan, Portland, argued the cause for respondent. With him on the brief was A.I. Bernstein, Portland.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.

JOSEPH, Presiding Judge.

The state appeals from an order allowing defendant's demurrer to an indictment which charged conspiracy to commit burglary in the first degree in Count I and "as part of the same act and transaction alleged in Count I" conspiracy to commit custodial interference in the first degree. The trial court found that the indictment did not conform to ORS 132.5601 and ordered the indictment resubmitted to the grand jury...

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