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STATE v. YORK

No. C 80-02-30569; CA 17779.

624 P.2d 660 (1981)

51 Or.App. 155

STATE of Oregon, Respondent, v. Rosie Lee YORK, Appellant.

Court of Appeals of Oregon.

Decided March 9, 1981.

Reconsideration Denied April 2, 1981.

Review Allowed April 28, 1981.

Attorney(s) appearing for the Case

Lawrence Matasar, Metropolitan Public Defender, Portland, argued the cause and filed the brief for appellant.

James C. Rhodes, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen. and William F. Gary, Deputy Sol. Gen., Salem.

Before GILLETTE, P.J., ROBERTS, J., and CAMPBELL, J. Pro Tem.

ROBERTS, Judge.

Defendant was found guilty of theft in the second degree, ORS 164.045, and assault in the second degree, ORS 163.175, as the result of an incident in which, leaving a Portland foodstore with a stolen package of ground beef and a stolen bar of soap in her purse, defendant was confronted by a store employe, pulled a small knife from her purse and stabbed him in the shoulder. She assigns as error the trial court's refusal to grant her motion for mistrial...

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