State v. Hedrick

Defendant was charged with the crime of assault with intent to commit rape. He appeals from an order denying his motion to dismiss the indictment. The motion was based upon the alleged failure of the state to proceed with timely prosecution of the charge against him. Defendant relies upon Article I, § 10, Oregon Constitution, ORS 134.110 and ORS 134.120.

ORS 134.110 provides as follows:

“When a person has been held to answer for a crime, if an indictment is not found against him within 60 days after the person is held to answer, the court shall order the prosecution to he dismissed, unless good…