STATE v. KENNEDY

No. C-79-12-34399; CA 17729.

619 P.2d 948 (1980)

49 Or.App. 415

STATE of Oregon, Respondent, v. Bruce Alan KENNEDY, Appellant.

Court of Appeals of Oregon.

Decided November 24, 1980.


Attorney(s) appearing for the Case

Donald C. Walker, Portland, argued the cause and filed the brief for appellant.

John C. Bradley, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

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


GILLETTE, Presiding Judge.

This is a criminal case in which the defendant's sole assignment of error is the trial court's failure to dismiss the case against him based upon a theory of prior jeopardy. We reverse.

Defendant was charged with the theft of an oriental rug. At his first trial, one of the principal witnesses against him was a Mr. Ewaldsen, whose testimony was crucial to the prosecution's case in that it provided proof of both the value and the identity...

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