State v. Oliver

Defendant was charged with theft in the first degree, ORS 164.055. The state appeals from a trial court order dismissing the indictment on the ground of former jeopardy. We reverse.

The record of the hearing on the motion to dismiss reveals that defendant and one Woolsey were questioned by officers who were investigating a report that an individual had been seen with an elk. Defendant and Woolsey admitted to the officers that they had shot a steer, put it in their car, and then, while driving, they had "come upon and hit an elk.” The steer and the elk were discovered hanging side by side in…