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STATE v. NISWENDER

23-272; CA A35082.

719 P.2d 517 (1986)

79 Or.App. 539

STATE of Oregon, Respondent, v. Thomas A. NISWENDER, Appellant.

Court of Appeals of Oregon.

Decided May 29, 1986.

Attorney(s) appearing for the Case

Timothy M. Dolan, Garibaldi, argued the cause for appellant. With him on the brief was Thomas E. Sweeney, Garibaldi.

Terry Ann Leggert, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

PER CURIAM.

Defendant appeals his conviction for borrowing a game tag, ORS 497.400(2), contending that the trial court erred in denying a motion for continuance, which would have allowed the parties to secure the presence of a witness for trial. The state concedes that the trial court erred in denying defendant's request for continuance in which the state joined. Because defendant met the requirements for obtaining a continuance for the purpose of securing a witness...

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