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STATE v. MOZOROSKY

549 P.2d 1303 (1976)

STATE of Oregon, Appellant, v. Richard M. MOZOROSKY, Respondent (Six Cases).

Court of Appeals of Oregon.

Decided June 1, 1976.

Attorney(s) appearing for the Case

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Solicitor Gen., Salem.

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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

SCHWAB, Chief Judge.

Defendant was indicted for theft in the first degree, ORS 164.055, in eight separate indictments. A jury returned verdicts of not guilty on two indictments, but did not agree on verdicts on the other six. Subsequently, defendant moved for an order dismissing the six indictments on the grounds of collateral estoppel, res judicata and former jeopardy. Orders by two different judges resulted in the dismissal...

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