STATE v. COFFIN


565 P.2d 391 (1977)

29 Or.App. 819

STATE of Oregon, Respondent, v. Stephen Bruce COFFIN, Appellant.

Court of Appeals of Oregon.

Decided June 13, 1977.


Attorney(s) appearing for the Case

Stephen Kanter, Portland, argued the cause and filed the brief for appellant.

Kevin L. Mannix, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before THORNTON, P.J., and TANZER and RICHARDSON, JJ.


THORNTON, Presiding Judge.

Defendant was convicted after jury trial of burglary in the first degree. He appeals, contending that the trial court erred:

(1) in denying defendant's motion to dismiss for destruction of evidence;

(2)(a) in refusing to grant a mistrial after inquiring in the presence of the jury if defendant would accept oral challenges;

(b) in refusing to grant a mistrial after evidence of defendant's prior arrest came to the attention...

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