Legal Opinion
State v. Mozorosky
Court of Appeals of Oregon
Decided June 1, 1976No. C 75-03-0846 Cr, CA 4676; No. C 74-09-2828 Cr, CA 4905; No. C 74-09-2826 Cr, CA 4906; No. C 74-09-2825 Cr, CA 4907; No. C 74-09-2824 Cr, CA 4908; No. C 74-09-2823 Cr, CA 4909PublishedCited by 2 opinions
1Opinion of the CourtSchwab, C. J.
Defendant was indicted for theft in the first degree, ORS 164.055, in eight separate indictments. A jury returned verdicts of not guilty on two indictments, but did not agree on verdicts on the other six. Subsequently, defendant moved for an order dismissing the six indictments on the grounds of collateral estoppel, res judicata and former jeopardy. Orders by two different judges resulted in the dismissal of all of them. The state appeals from the dismissal of five of those six indictments.
Following defendant’s trial, the state obtained a ninth indictment charging theft which defendant also…
2Cases cited8 opinions
- Ashe v. SwensonSupreme Court of the United States · 1970
- Sealfon v. United StatesSupreme Court of the United States · 1948
- Russell v. PlaceSupreme Court of the United States · 1877
- State v. WelchOregon Supreme Court · 1973
- State of Oregon v. DeweyOregon Supreme Court · 1956
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3Cited by2 opinions
- State v. MozoroskyOregon Supreme Court · 1977
- State v. OliverCourt of Appeals of Oregon · 1976