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STATE v. TYLER

10-89-09677; CA A64264.

815 P.2d 1289 (1991)

108 Or.App. 378

STATE of Oregon, Respondent, v. James McClellan TYLER, Appellant.

Court of Appeals of Oregon.

Decided August 21, 1991.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Harrison Latto, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

Defendant appeals his convictions on four counts of first degree rape and two counts of first degree sodomy. He demurred to the indictment on the ground that the Statute of Limitations barred the prosecutions. ORS 135.630; ORS 132.540(1)(c). The trial court denied the motion, and we reverse.

The indictment alleged that the crimes occurred between November 20, 1983, and December 25, 1985. In 1985, the limitation period for both crimes...

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