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STATE v. WOLFS

10-88-01844; CA A60331.

803 P.2d 1192 (1990)

105 Or. App. 5

STATE of Oregon, Respondent, v. Jay Randall WOLFS, Appellant.

Court of Appeals of Oregon.

Decided December 26, 1990.

Reconsideration Denied February 27, 1991.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for appellant.

Ann Kelley, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals his conviction for being an ex-convict in possession of a firearm. ORS 166.270. He contends that the court erred by denying his motion to dismiss on former jeopardy grounds. We reverse.

At his first trial, after the state had rested, defendant moved for a "judgment of acquittal" on the ground that the indictment did not set out facts sufficient to establish a crime. The court granted that motion and issued an...

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