LANGTRY, Judge.
Defendant appeals from a jury trial conviction of first degree theft. ORS 164.055. The sole question on appeal is whether the trial court erred in instructing that evidence of a prior inconsistent statement of a witness who had testified in defendant's favor could be considered by the jury as evidence of impeachment and also to determine the truth of the matter asserted in the out-of-court declaration.
The fact issue at trial was whether...
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