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STATE v. SCHIER

No. 77-4790; CA 16123.

615 P.2d 1147 (1980)

47 Or.App. 1057

STATE of Oregon, Respondent, v. Dan SCHIER, Appellant.

Court of Appeals of Oregon.

Decided August 25, 1980.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the briefs for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James M. Brown, Atty. Gen., Walter L. Barrie, Sol. Gen., and Christian W. VanDyke, Asst. Atty. Gen., Salem.

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

RICHARDSON, Judge.

Defendant appeals an order revoking his probation and imposing sentence. The sole issue is whether defendant's wife's testimony was properly admitted over defendant's objection made pursuant to ORS 44.040(1)(a).

Defendant was placed on probation following his conviction for the crime of a convicted person being in possession of a concealable firearm. ORS 166.270. Defendant was subsequently ordered to show

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