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STATE v. GARDNER

233 Or. 252 (1963)

377 P.2d 919

STATE OF OREGON v. GARDNER

Supreme Court of Oregon.

Affirmed January 23, 1963.

Attorney(s) appearing for the Case

Edward N. Fadeley, Eugene, argued the cause and filed a brief for appellant.

William F. Frye, District Attorney, Eugene, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and LUSK, Justices.

AFFIRMED.

LUSK, J.

The defendant, who was indicted by the grand jury for Lane County on a charge of burglary not in a dwelling, has appealed from an order denying his motion for dismissal of the indictment based on alleged unreasonable delay in bringing him to trial. The motion is authorized by ORS 134.120 and the appeal by ORS 138.040.

The indictment was returned on August 4, 1961. On the same day the defendant...

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