State v. Moroney

Defendant appeals from his conviction, after trial to the court, of menacing, ORS 163.190. He assigns as error: (1) the trial court’s denial of his pretrial motion for dismissal of the indictment based on the delay between the acts of which he was accused and the return of the indictment, in violation of his right to due process; and (2) the denial of his motion for acquittal and the trial court’s ruling that menacing is a lesser included offense of assault in the second degree, ORS 163.175, the crime of which defendant was accused by the indictment. We affirm.

The Due Process Clause of the…