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STATE v. McCORMICK

571 P.2d 499 (1977)

STATE of Oregon, Respondent, v. Daniel Devin McCormick, Petitioner.

Supreme Court of Oregon, In Banc.

Decided November 22, 1977.

Attorney(s) appearing for the Case

Phillip M. Margolin of Nash & Margolin, Portland, argued the cause and filed a brief for petitioner.

W. Michael Gillette, Sol. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen. and Catherine Allan, Asst. Atty. Gen.

LINDE, Justice.

After a preliminary hearing upon a complaint, the District Court for Multnomah County on March 16, 1976, ordered that defendant be held to answer in circuit court to a charge of criminal mischief in the first degree, a Class C felony. ORS 164.365. Appearance was set for April 20. No indictment or information of this charge having been filed in circuit court within the next 30 days, defendant on April 16 moved the circuit court to dismiss the prosecution...

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