STATE v. GILL


243 Or. 621 (1966)

415 P.2d 166

STATE OF OREGON v. GILL

Supreme Court of Oregon.

Affirmed June 3, 1966.


Attorney(s) appearing for the Case

John Toran, Jr., Portland, argued the cause and filed briefs for appellant.

George M. Joseph, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

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


AFFIRMED.

SLOAN, J.

Defendant was convicted by a jury of the attempted rape of his 15 year old daughter. There are three assignments of error raised by this appeal.

1, 2. The first assignment claims that the court should have allowed a mistrial when the daughter became emotionally distressed as she testified. We have held in a civil case that the prejudicial effect of an emotional outburst is a decision peculiarly within the province of the trial court...

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