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STATE v. BURDGE

No. 81 1520; CA A24751; SC 29283.

664 P.2d 1076 (1983)

295 Or. 1

STATE of Oregon, Respondent On Review, v. Emery Monroe BURDGE, Petitioner On Review.

Supreme Court of Oregon.

Decided May 10, 1983.

Attorney(s) appearing for the Case

Helen I. Bloch, Portland, argued the cause and filed the petition for petitioner on review. On the brief was Gary D. Babcock, Public Defender, Salem.

Robert E. Barton, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before LENT, C.J., and PETERSON, CAMPBELL, ROBERTS, CARSON and JONES, JJ.

JONES, Justice.

This case involves two issues.

First, we consider the propriety of a trial judge's refusal to allow a defense witness to testify because the defense failed to disclose the name of the witness prior to trial allegedly in violation of reciprocal discovery statutes.

Second, we consider the propriety of the trial judge's refusal to allow a witness's testimony because of violation of a stipulated agreement between the attorneys to exclude...

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