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STATE v. CLEMENTS

No. DA 191522-8004; CA 18483.

628 P.2d 433 (1981)

52 Or.App. 309

STATE of Oregon, Appellant, v. James Stuart CLEMENTS, Respondent.

Court of Appeals of Oregon.

Decided May 18, 1981.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. On the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., William F. Gary, Deputy Sol. Gen., and John C. Bradley, Asst. Atty. Gen., Salem.

Steven Jacobsen, Portland, argued the cause and filed the brief for respondent.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.

ROBERTS, Judge.

This is an appeal by the state from an order of the trial court dismissing the complaint which charged defendant with the theft of two food items, a package of meat and some clams,1 from a Tradewell store. We reverse.

At time of trial defendant filed a motion to produce for inspection the meat which was alleged to have been stolen or, in the alternative, to dismiss the complaint.2 Defendant...

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