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STATE v. COLLINS

146296; CA A31659.

698 P.2d 969 (1985)

73 Or.App. 216

STATE of Oregon, Appellant, v. Stephen COLLINS, Respondent.

Court of Appeals of Oregon.

Decided April 17, 1985.

Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Solicitor General, Salem.

David E. Groom, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

The state appeals a pretrial order excluding evidence of a prior crime committed by defendant. ORS 138.060(3). The issue is whether that evidence is admissible under OEC 404(3) to prove the identity of the perpetrator of the murder involved in this case. We hold that the trial court did not abuse its discretion in excluding the evidence and affirm.

Defendant was indicted for the murder of Ruth Maury. A hunter discovered her body...

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