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STATE v. BROWN

541 P.2d 491 (1975)

STATE of Oregon, Appellant, v. Lance Edward BROWN, Respondent.

Court of Appeals of Oregon.

Decided October 20, 1975.

Attorney(s) appearing for the Case

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

J. Marvin Kuhn, Deputy Public Defender, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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

SCHWAB, Chief Judge.

This is a criminal case in which the defendant was charged with burglary in the first degree. Defendant filed a motion to dismiss (ORS 164.225), contending that preindictment delay violated his right to a speedy trial and constituted a denial of due process.

The state appeals from the circuit court's order granting the motion dismissing the indictment. We agree with the state that the motion to...

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