State v. Hammang

This is an appeal from a murder conviction. It presents the question of whether two criminal charges were known or reasonably should have been known to the prosecution within the meaning of the double-jeopardy rule of State v. Brown, 262 Or 442, 497 P2d 1191 (1972).

About noon on June 25, 1973, defendant and Richard English stole some handguns from a sporting goods store in Bend. About 8 p.m. or 9 p.m. that same day, English used one of the stolen guns to shoot and kill Clark Syverson. Defendant was present at the time of the shooting.

Defendant, English and most other witnesses to the homicide…