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STATE v. MAURO

10-85-09703; CA A41727.

757 P.2d 454 (1988)

92 Or.App. 194

STATE of Oregon, Appellant, v. James Thomas MAURO, Respondent.

Court of Appeals of Oregon.

Decided July 20, 1988.

Attorney(s) appearing for the Case

Kendall M. Barnes, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Jay W. Frank, Eugene, argued the cause for respondent. With him on the brief was Moule & Frank, Eugene.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

The state appeals defendant's judgment for indemnity, ORS 33.110, which the court granted after it held the state in contempt for wilful violation of its order to return defendant's car and scale. The state assigns as errors that the court found that the state was in wilful contempt and awarded judgment to defendant.1 We reverse.

On July 30, 1985, Eugene police searched defendant's home pursuant to a warrant and...

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