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STATE v. COLE

No. C 77-08-11096; CA 9650.

586 P.2d 386 (1978)

37 Or.App. 199

STATE of Oregon, Respondent, v. Steven James COLE, Appellant.

Court of Appeals of Oregon.

Decided November 14, 1978.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause for appellant. With him on the brief was C. William Rehm, Law Intern, Salem.

Melinda L. Bruce, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

GILLETTE, Judge.

Defendant was indicted for conspiracy to commit armed robbery, ORS 161.450. Trial began on August 29, 1977. A jury was selected and sworn. That evening the trial judge became ill and entered the hospital. A mistrial was declared and the jury discharged under circumstances more fully set out below. Before being retried in September, the defendant moved to dismiss on grounds of former jeopardy. The motion was denied. Defendant was convicted and now...

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