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STATE v. PUGH

85-1655; CA A37991.

733 P.2d 490 (1987)

84 Or.App. 200

STATE of Oregon, Appellant, v. Joe Freeman PUGH, Respondent.

Court of Appeals of Oregon.

Decided March 4, 1987.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Marc D. Blackman, Portland, argued the cause for respondent. With him on the brief was Ransom, Blackman & Simson, Portland.

Before WARDEN, P.J., and JOSEPH, C.J., and YOUNG, J.

YOUNG, Judge.

The state appeals an order dismissing an indictment with prejudice. The indictment charges defendant with theft in the first degree, ORS 164.055, and conspiracy to commit theft in the first degree. ORS 161.450.1 The trial court ruled that a prior determination by a bankruptcy court that defendant did not defraud his insurance company collaterally estopped the state from prosecuting him in this action. The basis for the trial...

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