STATE v. WILLINGHAM


510 P.2d 1339 (1973)

STATE of Oregon, Appellant, v. Jack Wayne WILLINGHAM, Respondent.

Court of Appeals of Oregon.

Decided June 18, 1973.


Attorney(s) appearing for the Case

Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem, for appellant.

No appearance for respondent.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.


Submitted on Record and Appellant's Brief June 4, 1973.

PER CURIAM.

The state appeals from an order dismissing a second degree assault indictment against defendant. The assault allegedly occurred on March 4, 1972, indictment was returned on March 22, and arrest warrant concurrently issued. Defendant was arrested on October 6, 1972, never having previously known that he was charged with anything, although a policeman had talked with him on the night of the...

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