STATE v. RANKIN


536 P.2d 538 (1975)

STATE of Oregon, Appellant, v. Glasker RANKIN, Jr., Respondent.

Court of Appeals of Oregon.

Decided June 16, 1975.


Attorney(s) appearing for the Case

W. Michael Gillette, Sol. Gen., Salem, argued the cause for appellant. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Ancer L. Haggerty, Portland, argued the cause for respondent. With him on the brief was Michael J. McElliott, Portland.

Before SCHWAB, C.J., and THORNTON and LEE, JJ.


THORNTON, Judge.

The state appeals from an order of the trial court allowing defendant's motion to dismiss one of two indictments pending against defendant.

The sole issue presented is: When a defendant has been indicted for a criminal violation and is awaiting trial, is the state precluded from seeking and obtaining a second indictment based on the same criminal act or transaction.

On August 30, 1974, defendant was indicted for fraudulent sale of...

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