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STATE v. JALO

557 P.2d 1359 (1976)

27 Or.App. 845

STATE of Oregon, Respondent, v. Vernon Charles JALO, Appellant (Two Cases).

Court of Appeals of Oregon, In Banc.

Decided December 27, 1976.

Resubmitted on Record and Briefs December 8, 1976.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed the briefs for appellant.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Resubmitted In Banc on Record and Briefs December 8, 1976.

SCHWAB, Chief Judge.

Defendant was indicated for three counts of first degree sodomy, ORS 163.405, and two counts of attempted first degree rape, ORS 161.405 and 163.375. Trial began in November 1975. That trial was aborted when, on motion of the state, the court declared a mistrial. Before being retried in January 1976, defendant moved to dismiss on grounds...

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