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STATE v. PAYTON

526 P.2d 1397 (1974)

STATE of Oregon, Respondent, v. Joseph C. PAYTON, Appellant.

Court of Appeals of Oregon.

Decided October 7, 1974.

Attorney(s) appearing for the Case

Chris P. Ledwidge, Portland, argued the cause for appellant. With him on the brief were Ledwidge & Ledwidge and Patrick J. Ledwidge, Portland.

Rhidian M. Morgan, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

LANGTRY, Judge.

Defendant appeals from a jury conviction of burglary in the first degree — ORS 164.225 — contending that motions for mistrial and new trial should have been allowed because the prosecutor "intentionally misstated evidence crucial to a successful prosecution * * *."

The controversial evidence relates to the time when defendant was seen by Officer Ault of the Portland police in the vicinity...

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