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STATE v. OLIVER

552 P.2d 562 (1976)

STATE of Oregon, Appellant, v. Ronald Lee OLIVER, Respondent.

Court of Appeals of Oregon.

Decided August 2, 1976.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellant. On the brief were Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and John W. Burgess, Asst. Atty. Gen., Salem.

Gary L. Hill, Roseburg, argued the cause for respondent. With him on the brief were Slocum & Poole, Roseburg.

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

SCHWAB, Chief Judge.

Defendant was charged with theft in the first degree, ORS 164.055. The state appeals from a trial court order dismissing the indictment on the ground of former jeopardy. We reverse.1

The record of the hearing on the motion to dismiss reveals that defendant and one Woolsey were questioned by officers who were investigating a report that an individual had been seen with an elk. Defendant and Woolsey admitted...

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