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STATE v. SMITH

No. 31987; CA 8790.

582 P.2d 26 (1978)

35 Or.App. 511

STATE of Oregon, Appellant, v. Loren Delbert SMITH, Respondent.

Court of Appeals of Oregon.

Decided August 2, 1978.

Attorney(s) appearing for the Case

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen. and Al J. Laue, Sol. Gen., Salem.

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for respondent. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

RICHARDSON, Judge.

The state appeals an order dismissing an information charging defendant with being an exconvict in possession of a firearm (ORS 166.270) on the grounds of former jeopardy.

Defendant was charged in two separate informations, which were tried together to a jury upon the state's representation that the charges arose out of the same incident. The first information alleged the defendant

"* * * did unlawfully and intentionally attempt...

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