State Ex Rel. Automotive Emporium, Inc. v. Murchison , 289 Or. 265 ( 1980 )

PETERSON, J.,

specially concurring.

I concur in the result. I do so because I believe that the question of the constitutionality of present Oregon procedures permitting prosecution by information or indictment can be reached by direct appeal. The relators complain that they are disadvantaged in contrast to defendants who are charged by information, which constitutes a denial of the equal protection of the law. Such a claimed deprivation is sufficient to raise the constitutional questions without a showing that the lack of such hearing may have affected the outcome of the trial and was therefore prejudicial error.

Linde, J., joins in this opinion.