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STATE v. TAYLOR

247 Or. 239 (1967)

427 P.2d 1019

STATE OF OREGON, Respondent, v. GARY TAYLOR, Appellant.

Supreme Court of Oregon.

Reversed and remanded June 2, 1967.

Attorney(s) appearing for the Case

Oscar D. Howlett, Portland, argued the cause and filed briefs for the 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, GOODWIN and FORT, Justices.

REVERSED AND REMANDED.

SLOAN, J.

Defendant was convicted on an indictment charging him with attempting to obtain a narcotic drug by presenting a forged prescription to a pharmacist. On appeal he claims he should have been granted a mistrial because of a statement made by the trial court in the presence of the jury.

The indictment charged that defendant had unlawfully attempted to obtain a "narcotic drug; to...

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