State v. Gunn

This ease raises the identical question decided this day in State v. Heyer, 16 Or App 22, 517 P2d 314 (1973), Sup Ct review denied (1974). Defendant Gunn was separately indicted on July 20,1973, for two crimes of criminal activity in drugs alleged to have been committed on July 13,1972, and August 17,1972. He moved to dismiss each indictment on the ground of prejudice because of “the unreasonable delay” in commencing prosecution. The trial court, after hearing, allowed the motions. The reasons for the delay were the same as set forth in State v. Heyer, supra, and involved the use of the same…