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STATE v. ABBOTT

544 P.2d 620 (1976)

STATE of Oregon, Respondent, v. Joseph Stephen ABBOTT, Appellant.

Court of Appeals of Oregon.

Decided January 19, 1976.

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.

John L. Snyder, Dist. Atty., Dallas, argued the cause and filed the brief for respondent.

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

THORNTON, Judge.

Defendant was convicted after jury trial of burglary. ORS 164.225. The sole issue on appeal is defendant's claim of prejudicial misconduct by the prosecuting attorney. Defendant contends that it was reversible error for the trial judge to refuse a mistrial after the prosecutor called defendant's accomplice, James Morgan, as a witness for the state, knowing that the witness would probably refuse to testify.

Defendant and Morgan, the witness...

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