State v. Anthony

The state appeals a pretrial order dismissing the indictment on former jeopardy grounds. We reverse.

Defendant was arrested for driving under the influence of intoxicants on April 5, 1983, and was taken to the Canyonville police station. At the police station, he struggled with a police officer and damaged some property. As a result, he was charged with criminal mischief. During the subsequent booking process, a transparent vial containing a powdery substance was seized from defendant. The vial was sent to the State Police crime laboratory for analysis of its contents.

Defendant was cited to…