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STATE v. KNUTSON

10-85-06142; CA A37626.

725 P.2d 407 (1986)

81 Or. App. 353

STATE of Oregon, Appellant, v. Richard Kimball KNUTSON, Respondent.

Court of Appeals of Oregon.

Decided September 10, 1986.

Attorney(s) appearing for the Case

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and John A. Reuling, Jr., Asst. Atty. Gen., Salem, filed brief for appellant.

Gary D. Babcock, Public Defender, and Diane L. Alessi, Deputy Public Defender, Salem, filed brief for respondent.

Before RICHARDSON, P.J., and NEWMAN, and DEITS, JJ.

NEWMAN, Judge.

The state appeals a pre-trial order that dismissed with prejudice an indictment that charged defendant with theft in the first degree. ORS 138.060(1); ORS 164.055. Defendant moved to dismiss1 on the ground that the three-year Statute of Limitations, ORS 131.125(2),2 bars the state from proceeding under this indictment:

"The above named defendant is accused by the Lane County Grand Jury...

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