State v. Miller

This is an appeal by the state, under the authorization of ORS 138.060 (2), from a pre-trial order sustaining defendant’s plea of former jeopardy under ORS 135.820 and dismissing an indictment charging him with being an ex-convict in possession of a firearm. Defendant’s plea of former jeopardy was based upon the fact that he had previously been convicted in the Municipal Court of the City of Portland of carrying a concealed weapon in violation of a city ordinance, both charges having emanated from a single act. The state contends that the double jeopardy clause of the Fifth Amendment to the…