STATE v. CARTER


547 P.2d 194 (1976)

STATE of Oregon, Appellant, v. Lionel CARTER, Respondent.

Court of Appeals of Oregon.

Decided March 22, 1976.


Attorney(s) appearing for the Case

Rhidian M.M. Morgan, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Jeffrey S. Mutnick, Metropolitan Public Defender, Portland, argued the cause and filed the brief for respondent.

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


FOLEY, Judge.

The state appeals from a circuit court order dismissing an indictment against defendant for unlawfully obtaining public assistance on the ground that a preindictment delay of approximately 15 months constituted a denial of defendant's right to due process of law under the Fifth, Sixth and Fourteenth Amendments to the United States Constitution. This case raises the same question decided adversely to the defendant in State v. Gunn, 16 Or.App. 26...

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