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STATE v. HEDRICK

Docket No. 18560

233 Or. 137 (1962)

377 P.2d 325

STATE OF OREGON v. HEDRICK

Supreme Court of Oregon.

Affirmed December 31, 1962.

Attorney(s) appearing for the Case

George A. Haslett, Jr., Portland, argued the cause and filed a brief for appellant.

David Robinson, Jr., Deputy District Attorney, Portland, argued the cause for respondent. On the brief were Charles E. Raymond, District Attorney, and Oscar D. Howlett, Deputy District Attorney, Portland.

Before McALLISTER, Chief Justice, and O'CONNELL, GOODWIN, LUSK and DENECKE, Justices.

AFFIRMED.

PER CURIAM.

Defendant was charged with the crime of assault with intent to commit rape. He appeals from an order denying his motion to dismiss the indictment. The motion was based upon the alleged failure of the state to proceed with timely prosecution of the charge against him. Defendant relies upon Article I, § 10, Oregon Constitution, ORS 134.110 and ORS 134.120.

ORS 134.110 provides as follows:

"When a person has been held...

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