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STATE v. JACKSON

228 Or. 371 (1961)

365 P.2d 294

STATE OF OREGON v. JACKSON (Consolidated Appeals)

Supreme Court of Oregon.

Affirmed; reversed and remanded October 4, 1961.

Attorney(s) appearing for the Case

Lawrence V. Smart, Jr., Portland, argued the cause for appellant. On the brief were Smart, Thomas and Bartsch.

Charles R. Harvey, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was Charles E. Raymond, District Attorney.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and LUSK, Justices.

No. 17933 AFFIRMED.

No. 17959 REVERSED AND REMANDED.

LUSK, J.

This is a criminal action in which the defendant has taken two appeals, which have been consolidated for hearing. One appeal is from an order of the circuit court denying defendant's motion to dismiss the indictment for unreasonable delay in bringing him to trial. The other is from a judgment of conviction. The former appeal will be considered first.

On May 18, 1960, the grand jury...

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