State v. Gardner

The defendant, who was indicted by the grand jury for Lane County on a charge of burglary not in a dwelling, has appealed from an order denying his motion for dismissal of the indictment based on alleged unreasonable delay in bringing him to trial. The motion is authorized by ORS 134.120 and the appeal by ORS 138.040.

The indictment was returned on August 4, 1961. On the same day the defendant was indicted in Lane county for two other burglaries. At the time that these indictments were returned defendant was in jail in Linn county awaiting trial on still another burglary charge.

The Lane county…