STATE v. LEVERICH


522 P.2d 1390 (1974)

STATE of Oregon, Appellant, v. John Richard LEVERICH, Respondent.

Supreme Court of Oregon, In Banc.

Decided June 13, 1974.


Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Lee Johnson, Atty. Gen. and John W. Osburn, Sol. Gen.

Stephen S. Walker, Portland, argued the cause and filed a brief for respondent.


McALLISTER, Justice.

In this case the circuit court allowed defendant's plea of former jeopardy to an indictment charging negligent homicide in violation of ORS 163.145.1 The state appealed from the circuit court's judgment dismissing the indictment and the Court of Appeals affirmed2 on the authority of State v. Brown, 262 Or. 442, 497 P.2d 1191

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