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STATE v. KNOWLES

TC 1136; CA 14735; SC 26735.

618 P.2d 1245 (1980)

289 Or. 803

STATE of Oregon, Appellant-Respondent, v. Jeffrey B. KNOWLES, Respondent-Petitioner.

Supreme Court of Oregon.

Decided October 21, 1980.

Attorney(s) appearing for the Case

Mike Kilpatrick, Mount Vernon, argued the cause for respondent-petitioner. With him on the petition and brief were Milo Pope and Kilpatrick & Pope, Mount Vernon.

Robert C. Cannon, Asst. Atty. Gen., Salem, argued the cause for appellant-respondent. With him on the briefs were James A. Redden, former Atty. Gen., James M. Brown, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before DENECKE, C.J., and HOWELL, LENT, PETERSON and TANZER, JJ.

Argued and Submitted at Portland April 9, 1980.

LENT, Justice.

The issue is whether, under ORS 131.515(2), a conviction on a plea of guilty to unlawful possession of an elk bars a subsequent prosecution of the defendant for unlawfully taking a deer when both animals, freshly killed, had been discovered in plaintiff's possession at the same time and place.

The historical facts are not disputed. On December 3, 1978, an Oregon State Police officer followed...

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