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STATE v. LOVE

No. C 78-06-09045; CA 11966.

590 P.2d 741 (1979)

38 Or.App. 459

STATE of Oregon, Appellant, v. Andrew LOVE, Jr., Also Known As Andrew Bible, Respondent.

Court of Appeals of Oregon.

Decided February 20, 1979.

Attorney(s) appearing for the Case

Mary J. Deits, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

B. David Thomas, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were Gary D. Babcock, Public Defender, and J. Marvin Kuhn, Deputy Public Defender, Salem.

Before SCHWAB, C.J., and TANZER, RICHARDSON and ROBERTS, JJ.

TANZER, Judge.

The state appeals an order dismissing the indictment. Defendant was indicted on June 9, 1978, for the felonies of rape, kidnapping and assault alleged to have occurred on June 5, 1978. He pleaded not guilty on June 20 and the case was scheduled for trial on July 18. Bail was set at $50,000 and the defendant remained in custody.

Prior to trial, the prosecutor asked to have the case set over because he had been unable to locate the alleged victim...

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