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STATE v. WILSON

221 Or. 602 (1960)

351 P.2d 944

STATE OF OREGON v. WILSON

Supreme Court of Oregon.

Reversed and remanded May 11, 1960.

Attorney(s) appearing for the Case

Glenn D. Ramirez, Klamath Falls, and Joseph O. Stearns, Portland, argued the cause for appellant. On the briefs were Joseph O. Stearns, Portland, and Ramirez & Redding, Klamath Falls.

O.W. Goakey, Deputy District Attorney, Klamath Falls, argued the cause for respondent. With him on the brief was Arthur A. Beddoe, District Attorney, Klamath Falls.

Before McALLISTER, Chief Justice, and O'CONNELL, GOODWIN and HARRIS, Justices.

REVERSED AND REMANDED.

GOODWIN, J.

The defendant, Wilson, appeals from a conviction of larceny after a jury trial in Klamath County.

Wilson was jointly indicted with one Shafer, whose case is decided today. Wilson's trial followed by one week the trial of Shafer before the same jury panel after all jurors who had served in the Shafer trial had been excused by the court. We do not approve the practice followed, but no timely exception was taken. A fresh...

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