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STATE v. WILLIAMS

520 P.2d 462 (1974)

STATE of Oregon, Appellant, v. Robert LeRoy WILLIAMS, Respondent.

Court of Appeals of Oregon.

Decided April 1, 1974.

Attorney(s) appearing for the Case

Doyle L. Schiffman, Dist. Atty., Roseburg, argued the cause for appellant. With him on the brief was Brian R. Barnes, Deputy Dist. Atty., Roseburg.

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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

TANZER, Judge.

This is a state's appeal from a trial court order dismissing an indictment with prejudice.

Defendant was charged by criminal complaint with rape in the first degree, ORS 163.375, on March 9, 1973, and was subsequently indicted for the same offense on March 13, 1973. Defendant entered a plea of not guilty on March 15, 1973, and the case was scheduled to be tried on May 3, 1973. Defendant was then released on bail. On April 24, 1973, defendant...

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