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STATE v. SHOEMAKE

No. 78-10-448; CA 17387.

626 P.2d 948 (1981)

51 Or.App. 693

STATE of Oregon, Respondent, v. Stephen Ray SHOEMAKE, Appellant.

Court of Appeals of Oregon.

Decided April 13, 1981.

Attorney(s) appearing for the Case

David E. Groom, Deputy Public Defender, Salem, argued the cause for the appellant. With him 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., John R. McCulloch, Jr., Sol. Gen. and William F. Gary, Deputy Sol. Gen., Salem.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

WARDEN, Judge.

Defendant was charged with the crime of burglary in the first degree. ORS 164.225. He moved for an order declaring a mistrial because the state, before resting, recalled a witness, Mrs. Milburn, to the stand, and she testified to something which the defendant asserts she "remembered" only because she was "coached" by the prosecutor. The trial court granted the motion for a mistrial. The trial court later reversed itself, declaring that there was no...

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