State v. Jalo

*847SCHWAB, C. J.

Defendant was indicted for three counts of first degree sodomy, ORS 163.405, and two counts of attempted first degree rape, ORS 161.405 and 163.375. Trial began in November 1975. That trial was aborted when, on motion of the state, the court declared a mistrial. Before being retried in January 1976, defendant moved to dismiss on grounds of double jeopardy. The motion was denied. Defendant was convicted on all counts and now appeals.

Resolution of the double-jeopardy issue depends upon resolution of whether defendant was entitled to introduce evidence of the complainant’s previous…