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STATE v. CRUMAL

46001; CA A24218.

659 P.2d 977 (1983)

62 Or.App. 156

STATE of Oregon, Appellant, v. Randall CRUMAL, Respondent.

Court of Appeals of Oregon.

Decided March 2, 1983.

Attorney(s) appearing for the Case

Robert E. Barton, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Marilyn McManus, Deputy Public Defender, Salem, argued the cause and filed the brief for respondent. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Defendant was charged with one count of burglary in the first degree, ORS 164.225, two counts of assault in the fourth degree, ORS 163.160, and one count of criminal mischief in the second degree. ORS 164.354. The state appeals from an order dismissing the indictment on the ground of statutory former jeopardy. ORS 131.515. We reverse and remand for trial.

On the night of July 15, 1981, police officer Sawyer was dispatched to a Lincoln County...

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