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STATE v. WALKER

200513599; A133118.

196 P.3d 562 (2008)

223 Or. App. 554

STATE of Oregon, Plaintiff-Respondent, v. Darrell Sky WALKER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 5, 2008.

Attorney(s) appearing for the Case

Ted Vosk argued the cause for appellant. With him on the briefs was Timothy R. Gassner.

Janet A. Klapstein, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before WOLLHEIM, Presiding Judge, and ARMSTRONG, Judge, and SERCOMBE, Judge.

WOLLHEIM, P.J.

Defendant was tried by jury and convicted of manslaughter in the second degree, ORS 163.125, assault in the second degree, ORS 163.175, and assault in the fourth degree, ORS 163.160.1 He appeals after the trial court denied his motion for a new trial based on newly discovered evidence, ORS 136.535; ORCP 64 B(4), advancing two assignments of error. We affirm.

Because we must evaluate the quantity and quality of the...

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