STATE v. WOLFE


536 P.2d 555 (1975)

STATE of Oregon, Respondent, v. Garrett Caner WOLFE, Also Known As Garrette Caner Wolfe, Appellant.

Court of Appeals of Oregon.

Decided June 16, 1975.


Attorney(s) appearing for the Case

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

Timothy Wood, 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 THORNTON and LEE, JJ.


THORNTON, Judge.

Defendant was convicted by a jury verdict of theft in the first degree. On appeal he makes one assignment of error: The trial court erred in suppressing the testimony of two defense witnesses because defendant had not given the state notice that he intended to call them as witnesses.

During trial defense counsel attempted to call as a defense witness Frances Howard. The state objected on the ground that defendant had not complied with the...

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