STATE v. PERRY


547 P.2d 187 (1976)

STATE of Oregon, Respondent, v. Thomas Eugene PERRY, Appellant.

Court of Appeals of Oregon.

Decided March 22, 1976.


Attorney(s) appearing for the Case

Paul J. DeMuniz, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Donald L. Paillette, 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.


FORT, Judge.

Defendant was indicted with one Douglas Austin for murder. ORS 163.115. Tried and convicted by a jury, he appeals from the resulting judgment, assigning as error denial of his motions for judgment of acquittal and for directed verdict. He also complains here of an alleged misstatement by the prosecutor concerning a witness's testimony during his argument to the jury.

Essentially the question tried in the case was whether the victim was killed...

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