State v. Carter

The state appeals from a circuit court order dismissing an indictment against defendant for unlawfully obtaining public assistance on the ground that a preindictment delay of approximately 15 months constituted a denial of defendant’s right to due process of law under the Fifth, Sixth and Fourteenth Amendments to the United States Constitution. This case raises the same question decided adversely to the defendant in State v. Gunn, 16 Or App 26, 517 P2d 316 (1973), Sup Ct review denied (1974), wherein we declined to find that a 12-month preindictment delay was prejudicial as a matter of law.…