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STATE v. MILLS

85-72; CA A35200.

711 P.2d 207 (1985)

77 Or.App. 125

STATE of Oregon, Appellant, v. Thomas MILLS, III, Respondent.

Court of Appeals of Oregon.

Decided December 26, 1985.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Shaun S. McCrea, North Bend, argued the cause for respondent. On the brief was Robert J. McCrea, Eugene.

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

WARREN, Judge.

Defendant was charged with sodomy in the first degree under ORS 163.405(1)(c) and rape in the first degree under ORS 163.375(1)(c). The trial court sustained defendant's demurrer on the ground that the prosecution was not commenced within the limitation period. The state appeals.

Defendant was indicted on January 11, 1985.

"Thomas Edward Mills, III, is accused by the Grand Jury of the County of Coos, State of Oregon, by this Indictment...

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