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STATE v. ROLLF

Nos. 106,215, 105,378; CA 11812, 11813.

598 P.2d 1309 (1979)

42 Or.App. 79

STATE of Oregon, Respondent, v. Richard Dean ROLLF, Appellant.

Court of Appeals of Oregon.

Decided September 10, 1979.

Attorney(s) appearing for the Case

James E. Mountain, Jr., Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Jan P. Londahl, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

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

PER CURIAM.

Defendant appeals from his conviction after jury trial of two crimes: murder and hindering prosecution.1 He assigns as error, first, the court's failure to grant his motion for mistrial based on the variance between the state's opening statement and the actual evidence introduced at trial; and, second, giving three instructions concerning inferences the jury could draw regarding intent.

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