State v. Dane

Defendant appeals from a conviction for criminal mischief in the first degree. ORS 164.365. She assigns as error the trial court’s denial of her motion to dismiss the indictment on the ground of former jeopardy. ORS 135.470. We reverse.

On February 11, 1988, a grand jury issued an indictment charging defendant with criminal mischief. ORS 164.345 et seq. The indictment erroneously alleged that the crime occurred on or about May 6,1987. On April 8, defendant was arraigned and pled not guilty. On August 15, the grand jury issued a second indictment regarding the same conduct, charging defendant…