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STATE v. LEWIS

499 P.2d 343 (1972)

STATE of Oregon, Respondent, v. Eugene Leroy LEWIS, Appellant.

Court of Appeals of Oregon, Department 2.

Decided July 27, 1972.

Attorney(s) appearing for the Case

Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, 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 FOLEY, JJ.

SCHWAB, Chief Judge.

Defendant was convicted upon trial by jury of attempted burglary. The state called as a witness one David Jones who had previously been tried for participation in the same attempted burglary and acquitted. Although called as a witness for the state, Jones's testimony was in part favorable to the defendant in that it did not go as far in proving the state's charge as the prosecution apparently had prior reason to believe it would. Jones placed...

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