STATE v. MUSKOPF

No. 80-2020-C; CA A21564.

646 P.2d 40 (1982)

57 Or.App. 706

STATE of Oregon, Respondent, v. Frederick George MUSKOPF, Appellant.

Court of Appeals of Oregon.

Decided June 9, 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., JOSEPH, C.J., and YOUNG, J.


YOUNG, Judge.

Defendant appeals his conviction for burglary in the first degree. ORS 164.225. He contends that evidence of telephone calls made to the Josephine County sheriff's office after the burglary was improperly admitted, because any relevance of such evidence was outweighed by its prejudice. We reverse and remand for a new trial.

The incident leading to this charge took place on December 9, 1980. That morning defendant had visited his mother and stepfather...

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