State v. Hammang

Defendant was charged with the murder of Clark Syverson. His motion to dismiss the indictment on the ground of double jeopardy was denied and a jury found defendant guilty. The Court of Appeals affirmed the conviction. We granted defendant’s petition for review in order to consider what level of prosecutorial knowledge of the possibility of two or more charges growing out of the same act or transaction is sufficient to bar a second prosecution under our ban on double jeopardy as expressed in State v. Brown, 262 Or 442, 497 P2d 1191 (1972).

The murder of Syverson was the climax of a feud…