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STATE v. YORK

No. C80-02-30569; CA 17779; SC 27711.

632 P.2d 1261 (1981)

291 Or. 535

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

Supreme Court of Oregon.

Decided September 9, 1981.

Attorney(s) appearing for the Case

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

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., and William F. Gary, Deputy Sol. Gen., Salem.

Before DENECKE, C.J., and TONGUE, LENT, LINDE, PETERSON and TANZER, JJ.

PETERSON, Justice.

Defendant appeals her conviction of theft and assault arising from a shoplifting incident after which she stabbed a store employee who confronted her. The case was tried to the court without a jury. She assigns as error the denial of her motion for mistrial based on claimed misconduct of the prosecutor in advising prospective witnesses that "it would be better if we didn't say anything" to the defense. The Court of

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