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STATE v. GEORGE

No. 37488; CA A20757.

637 P.2d 1305 (1981)

55 Or.App. 224

STATE of Oregon, Respondent, v. Thomas GEORGE, Appellant.

Court of Appeals of Oregon.

Decided December 21, 1981.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.

GILLETTE, Presiding Judge.

Defendant appeals his conviction for assault in the second degree.1 He argues that, in ruling on his objection to the testimony of a witness on the basis of a violation of Oregon's criminal discovery statute,2 the court erred by not inquiring as to the occurrence of and reason for such violation. The state admits that the judge erred in failing to make such an inquiry, but argues...

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