STATE v. MARLOW


580 P.2d 199 (1978)

34 Or.App. 923

STATE of Oregon, Respondent, v. Michael Bruce MARLOW, Appellant.

Court of Appeals of Oregon.

Decided June 20, 1978.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

W. Benny Won, 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, TANZER and BUTTLER, JJ.


TANZER, Judge.

Defendant was convicted of burglary in the second degree. ORS 164.215. The issue on appeal is whether introduction of the hearsay testimony of a prosecution witness was prejudicial error.

The charges arose from the burglary of the Peacock Tavern, in Corvallis, where defendant was employed part time. The evidence linking defendant to the offense was circumstantial. Defendant's gloves and trousers were stained with grease which was similar to...

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