STATE v. SMALLEY


488 P.2d 849 (1971)

STATE of Oregon, Respondent, v. Donald Eugene SMALLEY, Appellant.

Court of Appeals of Oregon, Department 1.

Decided September 21, 1971.


Attorney(s) appearing for the Case

John M. Biggs, Eugene, for appellant. With him on the brief were Allen & Biggs, Eugene.

No appearance for respondent.

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


Submitted on Appellant's Brief August 27, 1971.

SCHWAB, Chief Judge.

Upon trial by jury the defendant was convicted of unarmed robbery (ORS 163.290). The defendant assigns as error the court's refusal to allow defense counsel to cross-examine the state's primary witness about her testimony and conduct two and a half years earlier in a prior unrelated case involving the same defendant. An offer of proof was then made which showed that the witness had testified...

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