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STATE v. BERNSON

CF 86-31; CA A41651.

760 P.2d 1362 (1988)

93 Or.App. 115

STATE of Oregon, Appellant, v. Stanley Marvin BERNSON, Respondent.

Court of Appeals of Oregon.

Decided September 14, 1988.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

Before WARDEN, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

VAN HOOMISSEN, Judge.

Defendant is charged with murder. ORS 163.115. The state appeals from a pretrial order excluding other crimes evidence which it wants to offer at trial to prove identity and to impeach defendant in the event that he testifies. The trial court excluded the evidence under OEC 403 for reasons of "unfair prejudice and undue delay in the proceedings." We reverse and remand.

On December 23, 1978, Yvonne Weber was reported missing. In 1985,...

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