State v. Scurlock

Defendant was indicted for assault in the first degree (ORS 163.185), the alleged dangerous weapon being an automobile. The indictment was dismissed, and the state appeals.

The automobile accident out of which the assault charge arose occurred on November 11, 1976. The condition of the alleged victim did not stabilize until two months later. After her condition had stabilized, the district attorney delayed another eight months until defendant had turned 18 years of age before seeking an indictment. It is conceded that the delay was intentional and was for the sole purpose of avoiding a…