State v. Bovee

Defendant appeals his conviction for sodomy in the second degree. ORS 163.395. The issue is whether the indictment on which the state proceeded to trial satisfies the statutory requirement that it show that the crime was committed within the period of the Statute of Limitations. We reverse.

Sodomy in the second degree is a felony, ORS 163.395(2), the prosecution of which must be commenced within three years. ORS 131.125(2)(a). “A prosecution is commenced when a warrant or other process is issued, provided that the warrant or other process is executed without unreasonable delay.” ORS 131.135.

The…