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STATE v. BOYD

533 P.2d 795 (1975)

STATE of Oregon, Petitioner, v. Sharon Kay BOYD, Respondent.

Supreme Court of Oregon, In Banc.

Decided April 1, 1975.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the briefs were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Gary D. Babcock, Public Defender, Salem, argued the cause and filed briefs for respondent.

O'CONNELL, Chief Justice.

The Court of Appeals affirmed the dismissal of an indictment charging defendant with criminal activity in drugs (ORS 167.207) on the ground that prosecution was barred under our decision in State v. Brown, 262 Or. 442, 497 P.2d 1191 (1972) because of a prior prosecution of defendant for theft (ORS 164.055). We allowed the petition for review in this case in order to attempt a clarification of the meaning...

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