STATE v. WOLFS

CC 10-88-01844; CA A60331; SC S37847.

826 P.2d 623 (1992)

312 Or. 646

STATE of Oregon, Petitioner On Review, v. Jay Randall WOLFS, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided February 13, 1992.


Attorney(s) appearing for the Case

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. Ann Kelley, Asst. Atty. Gen., Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem, filed the petition, for petitioner on review.

George W. Kelly, Eugene, argued the cause and filed the response to the petition, for respondent on review.


GRABER, Justice.

The question presented in this criminal case is whether the granting of a defendant's motion for "judgment of acquittal" during trial, on the sole ground that the indictment did not state facts sufficient to establish a crime, bars a later prosecution. The Court of Appeals answered "yes." State v. Wolfs, 105 Or.App. 5, 803 P.2d 1192 (1990). We reverse.

Defendant...

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