State v. Hansen

The state appeals pursuant to ORS 138.060(l) 1 from an "Order and Judgment of Acquittal” entered prior to trial dismissing a charging instrument.

We find the entry of the order to have been an abuse of discretion, and reverse.

The essential facts are: Defendant was charged by complaint with the Class A Misdemeanor of Menacing on November 28, 1977. The case was set for trial May 2, 1978. On May 1, 1978, the state obtained a setover to accommodate a vacation previously planned by the complaining witness. The setover was until May 12, 1978, but should have been May 16,1978, because the…