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STATE v. PRITCHARD

569 P.2d 690 (1977)

31 Or.App. 53

STATE of Oregon, Appellant, v. Malcolm Douglas PRITCHARD, Respondent.

Court of Appeals of Oregon.

Decided October 4, 1977.

Attorney(s) appearing for the Case

J. Pat Horton, Dist. Atty., and Brian R. Barnes, Asst. Dist. Atty., Eugene, filed the brief for appellant.

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and TANZER and RICHARDSON, JJ.

TANZER, Judge.

The state appeals from a pretrial order excluding evidence of defendant's prior conviction in a criminal case. Defendant was charged with being an exconvict in possession of a firearm, ORS 166.270,1 of which a material element is a previous conviction of an offense which was a felony "at the time of * * * conviction." At a pretrial hearing, the trial court held that defendant's 1970 conviction for taking and using a

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