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STATE v. LYON

23-853; CA A35195.

733 P.2d 41 (1987)

83 Or.App. 592

STATE of Oregon, Respondent, v. Howard E. LYON, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted December 3, 1986.

Decided February 11, 1987.

Reconsideration Denied April 10, 1987.

Review Allowed April 28, 1987.

Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for appellant. With him 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 James E. Mountain, Jr., Sol. Gen., Salem.

Resubmitted In Banc December 3, 1986.

VAN HOOMISSEN, Judge.

Defendant appeals his conviction by a jury for murder. ORS 163.115. He contends, inter alia, that the trial court erred in allowing a police officer to testify about hearsay statements made by defendant's father. We agree and, therefore, reverse and remand for a new trial.

The essential facts are not in dispute. In August, 1984, hunters found...

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