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STATE v. MUSTAIN

574 P.2d 674 (1978)

32 Or.App. 339

STATE of Oregon, Respondent, v. Eddie Joe MUSTAIN, Appellant.

Court of Appeals of Oregon.

Decided January 30, 1978.

Attorney(s) appearing for the Case

Rex Q. Smith, Portland, argued the cause and filed the brief for appellant.

Kent B. Thurber, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

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

JOSEPH, Judge.

Defendant was tried jointly with Arthur Lynn Broadsword and convicted of burglary in the first degree. ORS 164.225. He appeals, making four assignments of error. Three of those assignments are resolved adversely to defendant in State v. Broadsword, Or. App., 574 P.2d 670, decided this day. Defendant additionally assigns as error the denial of his motion for dismissal or continuance based upon an alleged agreement...

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