STATE v. POOLE


500 P.2d 726 (1972)

STATE of Oregon, Respondent, v. Christopher POOLE, Appellant.

Court of Appeals of Oregon, Department 2.

Decided September 8, 1972.

Rehearing Denied October 11, 1972.

Review Denied November 21, 1972.


Attorney(s) appearing for the Case

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

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

Before SCHWAB, C.J., and FOLEY and FORT, JJ.


FOLEY, Judge.

The defendant was convicted by a jury of the crime of burglary in a dwelling. He appeals asserting that the trial court erred in denying defendant's motion to suppress and motion for mistrial, and erred in instructing the jury that every witness is presumed to tell the truth.

A Multnomah County Sheriff's deputy, while on duty, received a call of a burglary in progress. This broadcast included a description of the car (a maroon Corvette, bearing...

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