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STATE v. JOHNS

83-1074; CA A31705.

709 P.2d 1121 (1985)

76 Or.App. 448

STATE of Oregon, Respondent, v. Philip Kenneth JOHNS, Appellant.

Court of Appeals of Oregon.

Decided November 20, 1985.

Reconsideration Denied January 24, 1986.

Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Stephen F. Peifer, 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 BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Defendant was convicted of murdering his wife, who was shot in the head with a revolver. His appeal assigns error to the admission of testimony concerning two prior incidents, one a crime and the other a noncriminal act.

Defendant telephoned the police at 9:06 a.m. on November 20, 1983, to report that his wife had accidentally been shot in the bedroom of their home. The police arrived at the scene...

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