STATE v. DEWS


552 P.2d 1340 (1976)

STATE of Oregon, Respondent, v. Gary Arthur DEWS, Appellant.

Court of Appeals of Oregon.

Decided August 16, 1976.


Attorney(s) appearing for the Case

William J. Howe, III, Portland, argued the cause for appellant. With him on the brief were Howe & Humphrey, Portland.

Thomas H. Denney, 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.


THORNTON, Judge.

Defendant was convicted by a jury of rape in the first degree. He appeals contending first that the trial court erred in denying his motion for mistrial based on contact and possible communication between one juror and a court reporter who had tape recorded and transcribed the testimony at the preliminary hearing in the same case. The contact occurred during a noon recess of the trial. In his second assignment defendant contends that the court erred...

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