STATE v. FREELAND

No. C81-04-32282; CA A22721.

647 P.2d 966 (1982)

58 Or.App. 163

STATE of Oregon, Appellant, v. Johnny Dale FREELAND, Respondent.

Court of Appeals of Oregon.

Decided July 8, 1982.


Attorney(s) appearing for the Case

Virginia L. Linder, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

James S. Coon, Portland, argued the cause for respondent. With him on the brief was Sobel & Coon, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

The state appeals an order of the circuit court dismissing the indictment charging defendant with the crime of robbery in the second degree. The dismissal was grounded on the state's refusal to afford defendant a post-indictment preliminary hearing within 30 days after being directed to do so by the court. The state contends that the dismissal should be reversed, because the decision to initiate the prosecution of defendant by indictment...

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