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STATE v. AYERS

520 P.2d 449 (1974)

STATE of Oregon, Respondent, v. Walter Garland AYERS, Appellant.

Court of Appeals of Oregon.

Decided March 18, 1974.

Rehearing Denied April 24, 1974.

Review Denied May 14, 1974.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Doyle L. Schiffman, Dist. Atty., Roseburg, argued the cause for respondent. With him on the brief was Brian R. Barnes, Deputy Dist. Atty., Roseburg.

Before SCHWAB, C.J., and LANGTRY and TANZER, JJ.

SCHWAB, Chief Judge.

This is another in a series of appeals1 that have presented double jeopardy issues since the Supreme Court, in State v. Brown, 262 Or. 442, 497 P.2d 1191 (1972), interpreting the Oregon Constitution, Art. I, § 12,2 held:

"We are convinced that the `same evidence' test does not provide adequate protection, under modern conditions, from the...

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