State v. Kennedy

This case is before us on remand from the United States Supreme Court, Oregon v. Kennedy, 456 US 667, 102 S Ct 2083, 72 L Ed 2d 416 (1982). The Supreme Court reversed our decision, State v. Kennedy, 49 Or App 415, 619 P2d 948 (1980), rev den 290 Or 551 (1981), to the effect that the state was barred by the Double Jeopardy Clause of the United States Constitution from retrying defendant after a mistrial was declared at his first trial on theft charges. We now affirm defendant’s conviction.

Defendant was charged with the theft of an oriental rug. The facts leading up to the mistrial are set out…