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STATE v. APODACA

449 P.2d 445 (1969)

STATE of Oregon, Respondent, v. Ricardo APODACA, Defendant, Harold Henigson, Appellant.

Supreme Court of Oregon, In Banc.

Decided January 22, 1969.

Attorney(s) appearing for the Case

Roy Kilpatrick, John Day, argued the cause and filed a brief for appellant.

F. LaGard Smith, Vale, argued the cause for respondent. On the brief was H. Clifford Looney, Dist. Atty., Vale.

Before McALLISTER, P.J., and SLOAN, O'CONNELL, GOODWIN, DENECKE, HOLMAN and MENGLER, JJ.

Argued and Submitted at Pendleton October 30, 1968.

DENECKE, Justice.

The petitioner is an attorney who was appointed to defend Apodaca, an indigent, who was charged with kidnapping, assault with intent to rape, and detention of a child. Petitioner successfully had the venue moved to a county whose courthouse was 100 miles from petitioner's office. The kidnapping charge was tried twice and both trials ended in mistrials because the jury could not agree. The...

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