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STATE v. MOLATORE

474 P.2d 7 (1970)

STATE of Oregon, Respondent, v. Timothy Lee MOLATORE and Michael Molatore, Appellants.

Court of Appeals of Oregon, Department 2.

Decided September 10, 1970.

Attorney(s) appearing for the Case

Frederick T. Smith, Portland, argued the cause for appellants. With him on the briefs were Dusenbery, Martin, Beatty, Bischoff & Templeton, Portland.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

LANGTRY, Judge.

Defendants Michael and Timothy Molatore were indicted, tried jointly, and convicted of the crime of selling a narcotic drug. ORS 474.020. This appeal raises essentially one claim of error, relating to asserted misconduct of the prosecutor while questioning the defendant Michael and arguing the case to the jury. The court refused to give a curative instruction or grant a mistrial or a new trial.

As a witness, Michael had admitted possessing...

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