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STATE v. FULLER

No. 82-879-M; CA A28897.

674 P.2d 92 (1984)

66 Or.App. 494

STATE of Oregon, Respondent, v. Loren Dee FULLER, Appellant.

Court of Appeals of Oregon.

Decided January 11, 1984.

Attorney(s) appearing for the Case

Richard D. Adams, Grants Pass, argued the cause for appellant. On the brief were Donald H. Coulter, and Myrick, Coulter, Seagraves, Myrick & Adams, Grants Pass.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen. and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

PER CURIAM.

In light of the newly-discovered evidence presented by defendant, the trial court abused its discretion (and therefore erred) in denying defendant's motion for a new trial.

Reversed and remanded...

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