State v. Duffy
Court of Appeals of Oregon
State v. Duffy, 576 P.2d 797 (1978)
33 Or. App. 301; 1978 Ore. App. LEXIS 3320
Schwab, Lee, Richardson, Joseph
State v. Duffy
Opinion
Here the trial court entered an order authorizing civil compromise and dismissed a criminal charge against the defendant. The state appeals, contending —and we hold correctly so — that a criminal charge based upon failure of a driver involved in an accident to leave his name and address is not a charge which can be dismissed on the basis of civil compromise. The civil compromise statute provides:
"When a defendant is charged with a crime punishable as a misdemeanor for which the person injured by the act constituting the crime has a remedy by civil action, the crime may be compromised * * *.” ORS 135.703. (Emphasis supplied.)
Failure to leave name and address, ORS 483.604, is not such an act.
Reversed and remanded.
Reference
- Full Case Name
- STATE OF OREGON, Appellant, v. HAROLD F. DUFFY, Respondent
- Cited By
- 6 cases
- Status
- Published