State v. Livingston

Defendant appeals his conviction for theft in the first degree, a felony. ORS 164.055. He argues that it was error to deny his demurrer to the indictment because the Statute of Limitations had run. We agree and reverse.1

On September 6,1980, defendant bought a guitar and amplifier from a music store for $1550. He paid with a worthless check. On February 5, 1981, he was indicted for theft in the first degree and an arrest .warrant issued that date. On December 8, 1983, defendant was extradited from Pennsylvania and returned to Oregon. On January 25, 1984, a second indictment was returned that…