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STATE v. MARTIN

No. C 77-04-05663; CA 11239.

594 P.2d 1276 (1979)

40 Or.App. 217

STATE of Oregon, Appellant, v. Clarence Duke MARTIN, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted April 24, 1979.

Decided May 14, 1979.

Attorney(s) appearing for the Case

Jan P. Londahl, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Resubmitted In Banc April 24, 1979.

TANZER, Judge.

The state appeals a trial court order dismissing Counts II and III of an indictment on grounds of former jeopardy.

Defendant was initially indicted for and convicted of conspiracy to commit robbery in the first degree. He moved for and was granted a new trial based upon newly discovered evidence, pursuant to ORS 17.610(4). Upon reindictment, defendant was charged with two additional counts arising...

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