State v. Mills

Defendant was charged with sodomy in the first degree under ORS 163.405(1)(c) and rape in the first degree under ORS 163.375(1)(c). The trial court sustained defendant’s demurrer on the ground that the prosecution was not commenced within the limitation period. The state appeals.

Defendant was indicted on January 11,1985.

“Thomas Edward Mills, III, is accused by the Grand Jury of the County of Coos, State of Oregon, by this Indictment of the crimes of COUNT 1: SODOMY IN THE FIRST DEGREE: and COUNT 2: RAPE IN THE FIRST DEGREE:

COUNT 1:

“That said Thomas Edward Mills, III, between the 1st day of…