STATE v. WHITE

No. 80-10-579; CA A20461.

639 P.2d 1291 (1982)

55 Or.App. 729

STATE of Oregon, Respondent, v. Michael Leon WHITE, Appellant.

Court of Appeals of Oregon.

Decided January 25, 1982.


Attorney(s) appearing for the Case

John Daugirda, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

James E. Mountain, Jr., Deputy Sol. 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.


YOUNG, Judge.

Defendant appeals from a judgment of conviction for robbery in the first degree. ORS 164.415. Defendant contends that the trial court erred when it denied a motion for mistrial on the court's reinstruction of the jury outside the presence of defense counsel. We affirm.

After the jury began its deliberations, the prosecutor and defense counsel adjourned to a nearby restaurant to await the verdict. Soon thereafter the courthouse received a telephoned...

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