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STATE v. EBY

No. 81-1035; CA A24088.

663 P.2d 778 (1983)

63 Or.App. 35

STATE of Oregon, Respondent, v. Floyd Emmit EBY, Jr., Appellant.

Court of Appeals of Oregon.

Decided May 11, 1983.

Reconsideration Denied June 24, 1983.

Review Allowed August 2, 1983.

Attorney(s) appearing for the Case

John Daugirda, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals his conviction for felony murder and first degree robbery.1 He was accused of shooting and killing a person in the course of a robbery and raised an alibi defense. We reverse and remand for a new trial.

Defendant argues that the trial court erred in allowing the state to "vouch" for the credibility of two witnesses who testified for the state regarding defendant's involvement in the...

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