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STATE v. SAGE

531 P.2d 707 (1975)

STATE of Oregon, Respondent, v. Leslie Eugene SAGE, Appellant.

Court of Appeals of Oregon.

Decided February 10, 1975.

Rehearing Denied March 19, 1975.

Review Denied April 15, 1975.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

THORNTON, Judge.

Defendant was convicted after a jury trial of murdering Theodore Bochanyin in Tillamook while defendant and a confederate were committing or attempting to commit a burglary of the victim's restaurant. ORS 163.115(1)(c).1

The sole issue involved in this appeal is whether the trial judge erred in allowing the state to reopen its case after having rested and after defendant had taken the stand and testified, in order...

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