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STATE v. TREIT

564 P.2d 708 (1977)

29 Or.App. 461

STATE of Oregon, Respondent, v. Marlowe Cordell TREIT, Appellant.

Court of Appeals of Oregon.

Decided May 23, 1977.

Attorney(s) appearing for the Case

Frederick T. Smith, Portland, argued the cause and filed the brief for appellant.

Kevin L. Mannix, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

SCHWAB, Chief Judge.

Defendant appeals from his conviction by a jury of possession of a stolen motor vehicle, ORS 481.990, and assigns as error (1) the court's denial of his motion for a mistrial based on statements made by the prosecutor during his closing argument, and (2) the court's denial of his motion for a directed verdict of acquittal.1

During defense counsel's opening statement, the following exchange took place:

...

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