State v. McAllister

Defendant appeals from his conviction for first degree theft. ORS 164.055. The issue is whether collateral estoppel bars that conviction. We hold that it does and reverse.

Defendant was arrested for driving under the influence of intoxicants on November 10, 1982. The arresting officer seized a pistol, later determined to have been stolen, from defendant’s car, and another stolen weapon was seized from defendant’s home. Defendant claims that he purchased the weapons without knowledge that they were stolen. He was subsequently indicted for driving under the influence of intoxicants and theft of…