STATE v. REESE

C8507-33009; CA A39285.

733 P.2d 495 (1987)

84 Or.App. 211

STATE of Oregon, Respondent, v. Albert REESE, Appellant.

Court of Appeals of Oregon.

Decided March 4, 1987.

Reconsideration Denied April 17, 1987.


Attorney(s) appearing for the Case

Sally L. Avera, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.


PER CURIAM.

Defendant appeals his conviction for murder. He first contends that, because the state failed to provide timely discovery of evidence of blood tests that excluded other suspects, the trial court abused its discretion in admitting that evidence. ORS 135.805 to ORS 135.873. The evidence was not disclosed to defendant until trial, which was only one day after the state had acquired it. Defendant was not prejudiced by that delay. He twice thoroughly cross...

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