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STATE v. WILLIAMS

No. C79-09-33235; CA 16610.

617 P.2d 629 (1980)

48 Or.App. 319

STATE of Oregon, Appellant, v. Charles Autry WILLIAMS, Respondent.

Court of Appeals of Oregon.

Decided September 22, 1980.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James M. Brown, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Kenneth D. Orcutt, Portland, argued the cause for respondent. On the brief was Richard S. Mannis, Portland.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

GILLETTE, Presiding Judge.

The issue in this case and in the companion case of State v. Brown, ___ Or. App. ___, 616 P.2d 582 (decided this date) is whether jeopardy has attached and prohibits a retrial when, in defendant's first trial, due to the bailiff's inadvertent error, the jury saw the defendant in handcuffs and the trial court granted the defendant's subsequent motion for mistrial. The trial court in the present case...

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