Legal Opinion

State v. Gilbert

Oregon Supreme Court

Decided January 31, 1978No. 75-2603, 75-2604, 75-2605, 75-3066, 75-3068, SC 25118PublishedCited by 40 opinions

1Opinion of the CourtDenecke, C. J.

The trial court dismissed indictments for theft on the ground that prosecution of the defendant was barred because of state and federal constitutional prohibitions against putting one in jeopardy twice for the same offense. The Court of Appeals reversed with a dissent by the Chief Judge. 27 Or App 1, 555 P2d 31 (1976). We granted review and affirm.

The defendant was indicted for theft in six separate indictments. Indictment 75-2601 read:

"The above named defendant is accused by the Lane County Grand Jury of the crime of THEFT IN THE FIRST DEGREE committed as follows: The defendant on or about…

2Cases cited15 opinions

  1. Bell v. United StatesSupreme Court of the United States · 1955
  2. Gore v. United StatesSupreme Court of the United States · 1958
  3. State v. BrownOregon Supreme Court · 1972
  4. People v. BauerCalifornia Supreme Court · 1969
  5. State v. BoydOregon Supreme Court · 1975

10 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. State v. CloutierOregon Supreme Court · 1979
  2. Jones v. StateCourt of Appeals of Maryland · 1985
  3. State v. DinkelCourt of Appeals of Oregon · 1978
  4. State v. ApplegateCourt of Appeals of Oregon · 1979
  5. State v. LinthwaiteOregon Supreme Court · 1983

35 more not listed; retrieve them via the Exa API.

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