State v. Boyd

This case presents the question of whether two criminal charges arose out of the “same act or transaction” within the meaning of the double-jeopardy rule of State v. Brown, 262 Or 442, 497 P2d 1191 (1972).

On January 15, 1974 police officers executed a search warrant at defendant’s residence. The officers *218found a stolen television set and amphetamine tablets. Defendant was arrested at that time.

On January 23, 1974 the grand jury indicted defendant for first-degree theft, ORS 164.055, based on the arresting officers’ testimony concerning defendant’s possession of the stolen television. On…