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STATE v. ABBOTT

552 P.2d 238 (1976)

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

Supreme Court of Oregon, In Banc.

Decided July 22, 1976.

Attorney(s) appearing for the Case

John K. Hoover, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the briefs was Gary D. Babcock, Public Defender, Salem.

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

O'CONNELL, Justice.

This case is before us on a petition by defendant for review of the decision of the Court of Appeals. State v. Abbott, 24 Or.App. 111, 544 P.2d 620 (1976). Defendant was convicted of first degree burglary. The Court of Appeals affirmed, holding that it was not error for the trial judge to refuse to grant defendant's motion for a mistrial after the prosecutor called defendant's alleged accomplice, who had...

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