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STATE v. WALKER

492 P.2d 801 (1972)

STATE of Oregon, Respondent, v. Kenneth Ray WALKER, Appellant.

Court of Appeals of Oregon, Department 2.

Decided January 6, 1972.

Attorney(s) appearing for the Case

Allan H. Coons, Eugene, argued the cause for appellant. With him on the brief were Coons & Malagon, Eugene.

John W. Osburn, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

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

PER CURIAM.

This case presents the same question as State v. Bishop, Or. App., 492 P.2d 509, decided this day. For the reasons stated in Bishop, we conclude: (1) the trial court abused its discretion in refusing to grant a motion to exclude witnesses in that the record contains no reason for this refusal; and (2) we cannot affirmatively say that the defendant was not prejudiced thereby...

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