State v. Leverich

In this case the circuit court allowed defendant’s plea of former jeopardy to an indictment charging negligent homicide in violation of ORS 163.145. ① The state appealed from the circuit court’s judgment dismissing the indictment and the Court of Appeals affirmed ② on the authority of State v. Brown, 262 Or 442, 497 P2d 1191 (1972).

We granted review to determine the applicability of Brown to this case. ③

The following statement of facts (omitting footnotes) is taken from the opinion of the Court of Appeals:

“On September 13, 1972: (a) defendant was involved in an automobile accident; (b) an…