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STATE v. HARRIS

No. C 79-07-32437; CA 16552.

614 P.2d 628 (1980)

47 Or.App. 529

STATE of Oregon, Respondent, v. Richard Scott HARRIS, Appellant.

Court of Appeals of Oregon.

Decided August 4, 1980.

Attorney(s) appearing for the Case

Marianne Bottini, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

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

SCHWAB, Chief Judge.

The issue is whether it was error to continue defendant's burglary trial in his absence. We hold that it was.

Defendant's trial began on Thursday, September 27, 1979 and continued through Friday, September 28. It was set over from Friday afternoon to resume Monday morning, October 1. When court convened on Monday morning, defendant's absence was noted on the record. Various efforts were made to...

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