State v. Ayers

This is another in a series of appeals① that have presented double jeopardy issues since the Supreme Court, in State, v. Brown, 262 Or 442, 497 P2d 1191 (1972) , interpreting the Oregon Constitution, Art. I, § 12,② held:

“We are convinced that the ‘same evidence’test does not provide adequate protection, under modern conditions, from the evils contemplated by the double jeopardy guarantee * * 262 Or at 453.

In the case at bar a new mobile home serving as a “model home” was burglarized in 1970. The defendant was apprehended over two years later and charged with burglary in a dwelling under…