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STATE v. HAYNES

239 Or. 132 (1964)

396 P.2d 694

STATE OF OREGON v. HAYNES

Supreme Court of Oregon.

Affirmed November 18, 1964.

Attorney(s) appearing for the Case

Nathan J. Ail, Portland, argued the cause and filed a brief for appellant.

Charles J. Merten, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, GOODWIN and LUSK, Justices.

AFFIRMED.

LUSK, J.

The defendant has appealed from a judgment of conviction of burglary not in a dwelling house.

1. Defendant assigns error to the court's denial of his motion for a mistrial. The defendant was apprehended in the burglarized building about 2:15 a.m., on January 12, 1962. A police officer who participated in the arrest testified that a few moments before he had been stationed at a window in a building a block away from the scene of the...

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