State v. Jenkins

The state appeals dismissal of the indictment for lack of speedy trial.

This appeal arises from a complex procedural background. On September 27, 1973, defendant was charged in four separate indictments by the Malheur County grand jury for theft of four separate head of cattle. The trial on the first of these indictments began on December 11,1973, but ended in a mistrial when a prosecution witness referred to the pending indictments against the defendant.

These four indictments were dismissed on the motion of the state and on January 31,1974, the state obtained a new indictment containing seven…