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STATE v. MATHEWS

539 P.2d 1129 (1975)

STATE of Oregon, Respondent, v. Richard Thomas MATHEWS, Appellant.

Court of Appeals of Oregon.

Decided September 10, 1975.

Attorney(s) appearing for the Case

Francis F. Yunker, Portland, argued the cause for appellant. With him on the brief was Darrell E. Bewley, Portland.

James C. Rhodes, 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.

PER CURIAM.

The defendant, having been convicted of theft in the first degree, ORS 164.055, makes numerous assignments of error on appeal. We do not consider them, because the alleged errors which defendant seeks to raise were waived in the colloquy which took place after the jury retired to deliberate:

"THE COURT: Now, I want to further consider the defendant's motion for a mistrial. Do you still want the mistrial, Mr. Yunker? I had thought at the conclusion...

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