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STATE v. BURKE

247 Or. 155 (1967)

427 P.2d 760

STATE OF OREGON, Respondent, v. JOHN J. BURKE, JR., Appellant.

Supreme Court of Oregon.

Affirmed May 17, 1967.

Attorney(s) appearing for the Case

Benhardt E. Schmidt, Portland, argued the cause and filed a brief for appellant.

Jacob B. Tanzer, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

Before PERRY, Chief Justice, and SLOAN, DENECKE and FORT, Justices.

AFFIRMED.

DENECKE, J.

The defendant was convicted of armed robbery. He appeals upon the ground that the trial court "committed prejudicial error in the manner in which he censured a spectator in the presence of the jury."

The defendant called an "alibi" witness. While he was testifying upon cross-examination the following occurred:

"THE COURT: There is, behind you, Mr. Hampton [the deputy district attorney trying the case], a lady in a red...

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