STATE v. KENNEDY


453 P.2d 658 (1969)

The STATE of Oregon, Respondent, v. Louis Dewey KENNEDY, Appellant.

Supreme Court of Oregon, Department 2.

Decided April 23, 1969.


Attorney(s) appearing for the Case

M. Chapin Milbank, Salem, argued the cause and filed a brief for appellant.

Gary D. Gortmaker, Dist. Atty., Salem, argued the cause and filed a brief for respondent.

Before SLOAN, P.J., and GOODWIN and HOLMAN, JJ.


SLOAN, Justice.

Defendant was convicted of the charge of attempting to escape from the Oregon penitentiary. Prior to his trial and conviction on the above charge, defendant's previously accumulated "good time" of about 400 days had been administratively cancelled by reason of the attempted escape. Defendant claimed that charging him with a crime for the same cause that eliminated his good time accumulation was double jeopardy. The trial court denied the plea and defendant...

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