State v. Cole

*413TONGUE, J.

Defendant was convicted of conspiracy to commit armed robbery. At the end of the first day of trial, and after a jury had been selected and sworn, the trial judge became ill and entered the hospital. The next morning the jury was dismissed. Before being retried and convicted three weeks later defendant moved to dismiss the indictment for "former jeopardy.” The trial court denied that motion. The Court of Appeals reversed. 37 Or App 199, 586 P2d 386 (1978).1 We allowed the state’s petition for review.

The facts, as they relate to the question of double jeopardy, are as follows:

The…