STATE v. MORALES


513 P.2d 798 (1973)

STATE of Oregon, Respondent, v. Robert Grant MORALES, Petitioner.

Supreme Court of Oregon, In Banc.

Decided September 10, 1973.


Attorney(s) appearing for the Case

John K. Hoover, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the briefs was Gary D. Babcock, Public Defender, Salem.

Doyle L. Schiffman, Dist. Atty., Roseburg, argued the cause for respondent. With him on the brief was Brian R. Barnes, Deputy Dist. Atty., Roseburg.


DENECKE, Justice.

The defendant was convicted of three charges of criminal activity in drugs. He appealed to the Court of Appeals which affirmed without an opinion. State v. Morales, Or. App., 506 P.2d 733 (1973). We granted review.

The sole assignment of error is that the trial court erred in striking alibi testimony. The court struck the testimony because the defendant failed to give notice, prior to trial, of intent to...

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