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STATE v. GEORGE

455 P.2d 609 (1969)

STATE of Oregon, Respondent, v. Clifford GEORGE, Jr., Appellant.

Supreme Court of Oregon, In Banc.

Decided June 11, 1969.

Attorney(s) appearing for the Case

David R. Vandenberg, Jr., Klamath Falls, argued the cause for appellant. With him on the briefs was Enver Bozgoz, Klamath Falls.

Sam A. McKeen, Dist. Atty., Klamath Falls, argued the cause for respondent. On the brief was James A. Sanderson, Deputy Dist. Atty., Klamath Falls.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

HOLMAN, Justice.

This is an appeal from a judgment of conviction of second degree murder because of the death of one Eggsman. Defendant had previously been tried for the first degree murder of one Kirk, and found not guilty. Both of the victims died as the result of the same altercation. It is defendant's principal contention that the state is collaterally estopped from convicting him of the death of Eggsman because of the manner in which the two men were killed and...

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