STATE v. SMALLWOOD


481 P.2d 378 (1971)

STATE of Oregon, Respondent, v. Bobby Joe SMALLWOOD, Appellant.

Court of Appeals of Oregon, Department 1.

Decided February 25, 1971.


Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause and filed the brief for appellant.

J. Bradford Shiley, Jr., Special 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.

Defendant appeals from conviction of first degree murder for the slaying of his former wife.

The two assignments of error are (1) that a motion for mistrial should have been granted because a police officer testified that when defendant was arrested for a trespass in his former wife's home some 10 months before the killing, defendant was carrying a concealed knife, and (2) that there was an error in the court's instruction concerning first...

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