State v. Rosenberg
Oregon Supreme Court
Prom Clatsop: James A. Eaiiin, Judge. Department 2. Statement by Mr. Justice Eakin. On the 19th of September, 1912, the defendant, C. C. Rosenberg, was indicted, charged with practicing medicine without a license, to which, on September 20, 1912, he pleaded not guilty, and on the 11th day of December, 1913, moved the court to dismiss the indictment under Section 1701, L. O. L. The terms of Circuit Court for Clatsop County begin the third Monday of each of the months of…
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Prom Clatsop: James A. Eaiiin, Judge. Department 2. Statement by Mr. Justice Eakin. On the 19th of September, 1912, the defendant, C. C. Rosenberg, was indicted, charged with practicing medicine without a license, to which, on September 20, 1912, he pleaded not guilty, and on the 11th day of December, 1913, moved the court to dismiss the indictment under Section 1701, L. O. L. The terms of Circuit Court for Clatsop County begin the third Monday of each of the months of February, June and September of each year; the June term not being a jury term, except by special order of the judge. At the…
1Opinion of the CourtJustice Eakin
Section 1701, L. O. L., provides:
“If a defendant indicted for a crime, whose trial has not been postponed upon his application or by his *391consent, be not brought to trial at the next term of the court in which the indictment is triable, after it is found, the court must order the indictment to be dismissed, unless good cause to the contrary be shown. ’ ’
And by Section 1606, L. O. L., we find:
“An appeal to the Supreme Court may be taken by defendant from * * an order refusing to dismiss the indictment as provided for in Section 1601.”
These sections put no duty upon defendant in regard to having…
2Cited by12 opinions
- State of Oregon v. KuhnhausenOregon Supreme Court · 1954
- Pines v. District CourtSupreme Court of Iowa · 1943
- People v. FosterMichigan Supreme Court · 1933
- State v. BatehamOregon Supreme Court · 1919
- State v. ChadwickOregon Supreme Court · 1935
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