STATE v. ALLEN

DCR9110641; CA A70221.

832 P.2d 1248 (1992)

113 Or. App. 306

STATE of Oregon, Respondent, v. Benita Faye ALLEN, Appellant.

Court of Appeals of Oregon.

Decided June 3, 1992.


Attorney(s) appearing for the Case

Craig J. Dorsay and Willner, Zabinsky, Dorsay & Cordello, Portland, filed the brief for appellant.

Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Diane S. Lefkow, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.


RICHARDSON, Presiding Judge.

Defendant appeals her conviction for theft in the second degree. ORS 164.045. She contends that the court erred by not permitting one of her witnesses to testify because he refused to remove his religious headgear. We reverse.

The state's evidence was to the effect that defendant obtained a refund for a power tool that she had not purchased. She called her husband as a witness; he would have testified that he had purchased the...

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