STATE v. TUCKER


483 P.2d 825 (1971)

STATE of Oregon, Respondent, v. Fred Charles TUCKER, Appellant.

Court of Appeals of Oregon, Department 2.

Decided April 1, 1971.


Attorney(s) appearing for the Case

Edwin A. York, Portland, argued the cause for appellant. With him on the brief was Charles Paulson, 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 FOLEY and FORT, JJ.


FORT, Judge.

The defendant was indicted for the crime of murder in the first degree. He was convicted by a jury and appeals, asserting five assignments of error.

The first arises from the court's denial of defendant's motion for a mistrial made on the ground that after the jury had been impaneled two jurors purchased city newspapers containing accounts of the trial and brought them into the jury room. Immediately upon being so informed, the judge held an ...

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