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STATE v. BARKER

552 P.2d 565 (1976)

STATE of Oregon, Respondent, v. Earl Willard BARKER, Appellant.

Court of Appeals of Oregon.

Decided August 2, 1976.

Attorney(s) appearing for the Case

Kenneth A. Morrow, Eugene, argued the cause for appellant. With him on the brief were Morrow & McCrea, P.C., Eugene.

Kevin L. Mannix, 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 FORT and THORNTON, JJ.

SCHWAB, Chief Judge.

A confrontation between defendant and two teenagers trespassing on his isolated property resulted in prosecution of defendant for second-degree assault, ORS 163.175, and recklessly endangering another person, ORS 163.195. A jury returned verdicts of, respectively, guilty and not guilty. Defendant appeals from the resulting assault conviction, accusing both the prosecutor and a juror of misconduct.

After a pretrial omnibus hearing, the...

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