STATE v. YARBROUGH


552 P.2d 1318 (1976)

STATE of Oregon, Respondent, v. Richard Dean YARBROUGH, Appellant.

Court of Appeals of Oregon.

Decided August 16, 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.

John W. Burgess, 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.


LANGTRY, Judge.

Defendant appeals his conviction and sentence for criminal activity in drugs. ORS 167.207. He assigns as error: (1) denial of his motion to suppress evidence produced by a search of his person, (2) use of his testimony in answer to questions from the court in the suppression hearing as rebuttal to his testimony during the trial, and (3) refusal of the court to orally poll the jury in open court, as distinguished from the written poll which was conducted...

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