LEE, Judge.
Defendant was convicted by a jury of murder (ORS 163.115). He and two co-conspirators were charged with killing defendant's wife during an evening of heavy drinking and group sexual activity. The focus of the defense was that defendant was not capable of forming homicidal intent because of an "alcoholic blackout". The trial court denied defendant's motion for a mistrial. We reverse.
At trial, during the testimony of Randall Hoffman (a neighbor...
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