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STATE v. BIRCHFIELD

554 P.2d 563 (1976)

26 Or.App. 749

STATE of Oregon, Respondent, v. Ernest Glen BIRCHFIELD, Appellant.

Court of Appeals of Oregon.

Decided September 13, 1976.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Catherine Allan, 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 THORNTON and LEE, JJ.

THORNTON, Judge.

Defendant seeks reversal of his conviction for theft in the first degree on the ground that the trial court erroneously allowed the prosecution to introduce evidence of a separate criminal scheme to rebut defendant's alibi witness. Defendant concedes that the evidence presented on rebuttal could have been introduced as part of the state's case-in-chief to show identity and modus operandi but contends that State of Oregon v. Hunsaker,

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