State v. Jones

The defendant appeals from a conviction of violating ORS 165.205 (obtaining property under false pretenses) upon the ground that his trial upon that indictment violated his constitutional privilege against being put in jeopardy twice for the same offense.

The defendant formerly had been tried under an indictment charging a violation of ORS 165.115 (uttering a forged bank check), but that prosecution aborted on the defendant’s motion because of a variance between the indictment and the proof. The defendant was subsequently indicted for violating ORS 165.205 under the provisions of ORS 135.890,…