Attorney(s) appearing for the Case
John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the briefs were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.
J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.
Before DENECKE, C.J., and McALLISTER, O'CONNELL, TONGUE, HOWELL and BRYSON, JJ.
Supreme Court of Oregon.
DENECKE, Chief Justice.
We granted the petition for review in this case because of the perplexing questions concerning the application of the doctrine of collateral estoppel.
The defendant was charged with theft (formerly embezzlement) from his employer. He was charged in eight indictments which were identical except each covered a different period of time. With defendant's approval the indictments were consolidated for trial. The jury acquitted the defendant...
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