State v. Marquette

The defendant was involved in an automobile collision in April of 1977, and he was arrested on the charge of driving while under the influence of intoxicants (DUII), first offense. ORS 487.540. Before being tried on that charge, he was indicted on May 20, 1977 for assault in the second degree, based upon the same occurrence and, on September 1, 1977, was tried on that charge first. He was found guilty of assault in the third degree. On March 16,1978, the defendant moved to dismiss the DUII charge on the ground of double jeopardy. The motion was denied, and on September 27, 1978, he was found…