Appeal from Circuit Court, Coos County. James A. Norman, Judge. No. 7774.
Robert E. Brasch, District Attorney, and Richard L. Barron, Assistant District Attorney, Coquille, for appellant.
Gary D. Babcock, Public Defender, and Robert C. Cannon, Deputy Public Defender, Salem, for respondent.
Fort, Judge. Schwab, Chief Judge, and Thornton, Judge.
Defendant was indicted for first degree theft. ORS 164.055.
"CHARLES FREDRICK PERRY is accused by the Grand Jury of the County of Coos, State of Oregon, by this Indictment of the crime of THEFT IN THE FIRST DEGREE committed as follows:
"That said CHARLES FREDRICK PERRY on the 13th day of October, 1972, in the County of Coos and State of Oregon, then and there being, did unlawfully and knowingly commit theft of money of the United States of America, of the total value of more than Two Hundred Dollars, the property of Brian George Berg, contrary to the Statutes in such cases made and provided, and against the peace and dignity of the State of Oregon.
"Dated at the City of Coquille, in the County aforesaid, the day of October, 1972."
It was filed October 31, 1972.
Defendant demurred thereto. The trial court sustained the demurrer on the ground it failed to allege that the crime charged was committed before the finding
of the indictment. In so doing the court expressly ordered "* * * that the above entitled case be resubmitted to the * * * Grand Jury." For reasons which do not appear of record the district attorney apparently ignored the order to resubmit ...