State v. Williams

This is a state’s appeal from a trial court order dismissing an indictment with prejudice.

Defendant was charged by criminal complaint with rape in the first degree, ORS 163.375, on March 9, 1973, and was subsequently indicted for the same offense on March 13, 1973. Defendant entered a plea of not guilty on March 15, 1973, and the case was scheduled to be tried on May 3, 1973. Defendant was then released on bail. On April 24, 1973, defendant moved to postpone the trial to a later date and the trial was re-set for July 30, 1973, a Monday. On the Friday afternoon preceding trial, the district…