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STATE v. JOHNS

CC 83-1074; CA A31705; SC S32445.

725 P.2d 312 (1986)

301 Or. 535

STATE of Oregon, Petitioner on review, v. Philip Kenneth JOHNS, Respondent on review.

Supreme Court of Oregon, In Banc.

Decided August 26, 1986.

Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on petition were Dave Frohnmayer, Atty. Gen. and James E. Mountain, Jr., Sol. Gen., Salem.

Philip Kenneth Johns, argued the cause pro se as respondent on review.

JONES, Justice.

Defendant was convicted of murdering his wife, who was shot in the head with a revolver. He appealed to the Court of Appeals, asserting trial court error in admitting testimony concerning two prior incidents, one a crime and the other a noncriminal act. The Court of Appeals held that the evidence of prior acts was inadmissible and prejudicial, 76 Or.App. 448, 709 P.2d 1121, and...

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