STATE v. EDGMAND

TC CF 87-102; CA A44344; SC S35081.

761 P.2d 505 (1988)

306 Or. 535

STATE of Oregon, Respondent On Review, v. Brenda Irene EDGMAND, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided September 20, 1988.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the petition was Gary D. Babcock, Public Defender, Salem.

Leslie Westphal, Asst. Atty. Gen., Salem, argued the cause for respondent on review.


LINDE, Justice.

On trial for unlawful delivery and unlawful possession of a controlled substance, defendant sought to testify in her own defense that she was at Crabbies Tavern at the time when the state's witness bought methamphetamine at the house where she lived. The state objected on grounds that defendant's testimony would constitute "alibi evidence" requiring prior notice to the district attorney, which defendant had not given. ORS 135.455. The trial court sustained...

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