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STATE v. RAY

No. 77-4954; C.A. 10312.

584 P.2d 366 (1978)

36 Or.App. 375

STATE of Oregon, Respondent, v. Ralph Edwin RAY, Appellant.

Court of Appeals of Oregon.

Decided October 2, 1978.

Attorney(s) appearing for the Case

Michael V. Phillips, Eugene, argued the cause for appellant. With him on the brief were Hammons, Phillips & Jensen, Eugene.

F. Douglass Harcleroad, Asst. Dist. Atty., Eugene, argued the cause for respondent. With him on the brief was J. Pat Horton, Dist. Atty., Eugene.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

SCHWAB, Chief Judge.

Defendant appeals his conviction of perjury (ORS 162.065). The relevant facts are set out in our opinion of today in State v. Ray (CA 10294), Or. App., 584 P.2d 362 (1978). We agree with the defendant that the trial court abused its discretion in denying defendant's motion for mistrial based on a comment by the prosecuting attorney which revealed to the jury that a trier of fact in an earlier proceeding...

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