State v. Gaylor

Defendant was convicted by a jury on two counts of negligent homicide, charged in a single indictment. He appeals, asserting a number of errors.

We note initially that this matter has previously been before us. State v. Gaylor, 12 Or App 544, 508 P2d 250 (1973). There we reversed a previous conviction because of error in the instructions. In that case, defendant was tried on a single-count indictment charging the death of but one person.

Following the remand, the trial court here allowed the resubmission of the original indictment to a different grand jury. A new indictment was returned by that…