STATE v. OLIVER

No. C 80-12-34388; CA A21141.

646 P.2d 107 (1982)

57 Or.App. 567

STATE of Oregon, Respondent, v. Elizabeth Aline OLIVER, Appellant.

Court of Appeals of Oregon.

Decided June 9, 1982.


Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before JOSEPH, C.J., and WARDEN and WARREN, JJ.


JOSEPH, Chief Judge.

Defendant appeals her conviction in a second trial for first degree robbery for holding up a Portland liquor store on December 6, 1980. Her first trial had ended in a mistrial. She contends that the second trial subjected her to double jeopardy.

At the first trial, defendant was identified in court by Charles Chapman as the masked woman he had seen entering and leaving the liquor store the afternoon of the robbery. Just before the trial...

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