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STATE v. HERTZIG

489 P.2d 989 (1971)

STATE of Oregon, Respondent, v. Lon Fred HERTZIG, Appellant.

Court of Appeals of Oregon, Department 1.

Decided October 19, 1971.

Attorney(s) appearing for the Case

Maxwell Donnelly, Portland, argued the cause and filed the brief for appellant.

W. Michael Gillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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

THORNTON, Judge.

Defendant appeals from a conviction after jury trial on a charge of burglary. He asserts that the trial judge erred: (1) In granting the state's motion for mistrial during selection of the first jury; (2) in requiring the defendant to go to trial before the same jury panel immediately following the declaration of a mistrial; and (3) in refusing to allow two alibi witnesses to testify.

During the first...

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