State v. Thomas

573 P.2d 1259, 32 Or. App. 85, 1978 Ore. App. LEXIS 2999
CourtCourt of Appeals of Oregon
DecidedJanuary 16, 1978
DocketNo. 124611, CA 9167
StatusPublished
Cited by5 cases

This text of 573 P.2d 1259 (State v. Thomas) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Thomas, 573 P.2d 1259, 32 Or. App. 85, 1978 Ore. App. LEXIS 2999 (Or. Ct. App. 1978).

Opinion

JOHNSON, J.

The state seeks to appeal from a trial court order sustaining defendant’s demurrer to a uniform traffic citation and complaint. An order which merely sustains a demurrer and does not dismiss or set aside the complaint is not an appealable order under ORS 157.081 and ORS 138.060, which provides in part:

"The state may take an appeal from the circuit court to the Court of Appeals from:
"(1) An order made prior to trial dismissing or setting aside the accusatory instrument; " * * * * *"1

Appeal dismissed.

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Related

State v. Parker
704 P.2d 1144 (Oregon Supreme Court, 1985)
State v. Robertson
649 P.2d 569 (Oregon Supreme Court, 1982)
State v. Thomas
578 P.2d 452 (Court of Appeals of Oregon, 1978)
State v. Patrick
573 P.2d 1259 (Court of Appeals of Oregon, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
573 P.2d 1259, 32 Or. App. 85, 1978 Ore. App. LEXIS 2999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-thomas-orctapp-1978.