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STATE v. McDONNELL

J85-0004; CA A38776.

733 P.2d 935 (1987)

84 Or.App. 278

STATE of Oregon, Appellant, v. Michael Martin McDonnell, Respondent.

Court of Appeals of Oregon.

Decided March 11, 1987.

Reconsideration Denied April 24, 1987.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

Defendant was charged with aggravated murder. The indictment alleged that he intentionally caused the death of another human being by cutting her with a knife and that the murder was committed after defendant "had escaped from a state penal and correctional facility and before he had been returned to the custody of that facility." The trial court set aside the indictment, holding that the statute under which defendant was charged, ORS 163.095(2)(f),...

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