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STATE v. EMBRY

530 P.2d 99 (1974)

STATE of Oregon, Respondent, v. Granvel Dockery EMBRY, Appellant.

Court of Appeals of Oregon.

Decided December 30, 1974.

Rehearing Denied February 6, 1975.

Review Denied March 11, 1975.

Attorney(s) appearing for the Case

Donald C. Walker, Portland, argued the cause and filed the brief for appellant.

Janet Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and FORT and TANZER, JJ.

TANZER, Judge.

Defendant appeals from his conviction of second degree assault. The offense was allegedly committed on April 16, 1973. A first indictment was returned on June 15, 1973, but was dismissed on August 14, 1973 when the complaining witness failed to appear for trial.

A second indictment was dismissed on January 9, 1974 on jurisdictional grounds and the present indictment was returned on January 10, 1974. Defendant moved to dismiss for the reason...

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