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STATE v. McFERRON

No. 19-176; CA 17216.

628 P.2d 440 (1981)

52 Or.App. 325

STATE of Oregon, Respondent, v. Michael Arnold McFerron, Appellant.

Court of Appeals of Oregon.

Decided May 18, 1981.

Review Denied July 21, 1981.

Attorney(s) appearing for the Case

Marianne Bottini, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

WARDEN, Judge.

Defendant was tried and convicted of one count of assault in the third degree and three counts of assault in the second degree arising out of an automobile accident in which several persons were injured, allegedly due to the defendant's reckless driving. Midway through an earlier trial of the same charges the court excused a juror for bias. The court declared a mistrial when the prosecution refused to proceed with 11 jurors and refused to agree to accept...

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