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STATE v. ALLEN

555 P.2d 443 (1976)

276 Or. 527

The STATE of Oregon, Respondent, v. Edward Eugene ALLEN, Petitioner.

Supreme Court of Oregon, In Banc.

Decided October 21, 1976.

Attorney(s) appearing for the Case

Robert A. Boyer, of Boyer & Putney, Medford, argued the cause and filed a brief for petitioner.

Kevin L. Mannix, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Solicitor Gen., Salem.

Before DENECKE, C.J., and O'CONNELL, HOLMAN, TONGUE, HOWELL, BRYSON and SLOPER, JJ.

SLOPER, Judge Pro Tem.

This case is before us on a petition by defendant for review of the decision of the Court of Appeals. State v. Allen, 25 Or.App. 797, 551 P.2d 120 (1976). Defendant was convicted of burglary in the first degree after trial by jury. On appeal to the Court of Appeals, the defendant contended that the trial court erroneously admitted, in rebuttal, the testimony of two witnesses, one a deputy district attorney...

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