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STATE v. EVANS

249 Or. 314 (1968)

432 P.2d 175

STATE OF OREGON, Respondent, v. BERT MITCHELL EVANS, JR., Appellant.

Supreme Court of Oregon.

Affirmed October 4, 1967.

Denied certiorari March 4, 1968.

Attorney(s) appearing for the Case

John Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Lawrence A. Aschenbrenner, Public Defender, Salem.

Jacob B. Tanzer, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

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

United States Supreme Court denied certiorari March 4, 1968.

AFFIRMED.

McALLISTER, J.

The defendant, Bert Mitchell Evans, Jr., was convicted in Multnomah county of the crime of larceny and sentenced to five years in the penitentiary, from which judgment he appeals. He contends only that the trial court erred in denying his motion to dismiss the indictment because of the delay in bringing him to trial.

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