State v. Wilson

Defendant appeals the trial court’s denial of his motion to dismiss the indictment charging him with first degree burglary, ORS 164.225, on the ground of double jeopardy. We affirm.

On December 4, 1990, a Linn County grand jury issued an indictment accusing defendant of first degree theft of certain firearms, ORS 164.055, committed between November 23 and 25,1990. The second count alleged theft by receiving of the same firearms and certain other property also belonging to the same victim. ORS 164.095.

On January 9, 1991, a Benton County grand jury indicted defendant on the charge of first…