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STATE v. GILBERT

574 P.2d 313 (1978)

281 Or. 101

STATE of Oregon, Respondent, v. James W. GILBERT, Petitioner.

Supreme Court of Oregon, In Banc.

Decided January 31, 1978.

Attorney(s) appearing for the Case

William F. Frye, Eugene, argued the cause and filed briefs, for petitioner.

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause, for respondent. With him on the briefs were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

DENECKE, Chief Justice.

The trial court dismissed indictments for theft on the ground that prosecution of the defendant was barred because of state and federal constitutional prohibitions against putting one in jeopardy twice for the same offense. The Court of Appeals reversed with a dissent by the Chief Judge. 27 Or.App. 1, 555 P.2d 31 (1976). We granted review and affirm.

The defendant...

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