STATE v. BAGGERLY


573 P.2d 721 (1977)

280 Or. 483

STATE of Oregon, Respondent, v. Perry Lin BAGGERLY, Petitioner.

Supreme Court of Oregon, In Banc.

Decided November 29, 1977.


Attorney(s) appearing for the Case

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for petitioner. With her on the briefs was Gary D. Babcock, Public Defender, Salem.

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


TONGUE, Justice.

This is a criminal case in which the state moved for a continuance so as to enable it to file a motion to consolidate one charge against the defendant with another charge which admittedly arose from the same transaction or "criminal episode." That motion was made at the beginning of the trial of the first charge. It was resisted by defendant and denied by the trial court. Defendant was then tried and found not guilty of the first charge.

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