STATE v. DUNN

(10-97-02208; CA A98958).

981 P.2d 809 (1999)

160 Or. App. 422

STATE of Oregon, Appellant, v. John Erva DUNN, Respondent.

Court of Appeals of Oregon.

Decided May 12, 1999.


Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the brief was Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Marc A. Spence, Eugene, argued the cause for respondent. With him on the brief was Karen M. Stenard and Horton & Barnes, LLP.

Before WARREN, Presiding Judge, and EDMONDS and ARMSTRONG, Judges.


WARREN, S.J.*

Defendant is charged with first degree robbery and kidnaping arising from an aborted robbery of a convenience store and abduction of the store clerk. There is no significant dispute about the facts of the crime; the primary issue at trial will be whether defendant is the person who committed it. The state appeals the trial court's pre-trial rulings excluding evidence that, the state believes, tends to prove that defendant...

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