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STATE v. JENKINS

565 P.2d 758 (1977)

29 Or.App. 751

STATE of Oregon, Appellant, v. Harold JENKINS, Respondent.

Court of Appeals of Oregon.

Decided June 6, 1977.

Attorney(s) appearing for the Case

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Roy Kilpatrick, Mount Vernon, argued the cause for respondent. With him on the brief was William A. Galbreath, Milton Freewater.

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

RICHARDSON, Judge.

The state appeals dismissal of the indictment for lack of speedy trial.

This appeal arises from a complex procedural background. On September 27, 1973, defendant was charged in four separate indictments by the Malheur County grand jury for theft of four separate head of cattle. The trial on the first of these indictments began on December 11, 1973, but ended in a mistrial when a prosecution witness referred to the pending indictments against...

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