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STATE v. ELLIOTT

488 P.2d 1189 (1971)

STATE of Oregon, Appellant, v. Larry James ELLIOTT, Respondent.

Court of Appeals of Oregon, In Banc.

Reargued and Submitted July 22, 1971.

Decided September 21, 1971.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. On the brief were Lee Johnson, Atty. Gen., Jacob B. Tanzer, Sol. Gen. and J. Bradford Shiley, Jr., Special Asst. Atty. Gen., Salem.

Ralph Currin, Pendleton, argued the cause for respondent. With him on the brief were Currin & French, Pendleton.

Argued and Submitted before Department 1, May 17, 1971.

LANGTRY, Judge.

The defendant had been convicted of driving under the influence of intoxicating liquor. The sole question presented by this appeal is whether he would be put in jeopardy a second time for the "same offence" in violation of the Fifth Amendment1 if subjected to a prosecution for negligent homicide based upon the same act of driving a motor vehicle. The circuit...

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