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STATE v. HARGROVE

503 P.2d 721 (1972)

STATE of Oregon, Respondent, v. James Henry HARGROVE, Appellant.

Court of Appeals of Oregon.

Decided December 8, 1972.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

John H. Clough, 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 FOLEY and FORT, JJ.

PER CURIAM.

The sole issue on this appeal is the trial judge's refusal to grant a timely motion to exclude state's witnesses from the courtroom except when testifying. The case was tried in November of 1970,1 prior to our opinion in State v. Bishop, 7 Or.App. 558, 492 P.2d 509 (1972), which is controlling.

Reversed...

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