Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

STATE OF OREGON, Appellant, v. DAVID WAYNE THOMAS, Respondent.

Appeal dismissed.

JOHNSON, J.

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;

"* * * * *."

This was also the rule under former ORS 138.060. See State v. Cloran, 233 Or. 400, 374 P.2d 748, 377 P.2d 911, 378 P.2d 961 (1963); State of Oregon v. Davis, 207 Or. 525, 296 P.2d 240 (1956); State of Oregon v. Berry and Walker, 204 Or. 69, 267 P.2d 993, 267 P.2d 995, 282 P.2d 344, 282 P.2d 347 (1955); State of Oregon v. Brown, 5 Or. 119 (1873).

Appeal dismissed.

Use AI to get other relevant cases.

Comments

STATE v. THOMAS
(Jul 25, 1978)