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Oregon v. Hargrove

December 8, 1972

STATE OF OREGON, RESPONDENT,
v.
JAMES HENRY HARGROVE, APPELLANT



Appeal from Circuit Court, Lane County. Edwin E. Allen, Judge. No. 99718.

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

John H. Clough, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.

Schwab, Chief Judge, and Foley and Fort, Judges.

Per Curiam

The sole issue on this appeal is the trial judge's

refusal to grant a timely motion to exclude state's witnesses from the courtroom except when testifying. The case was tried in November of 1970,*fn1 prior to our opinion in State v. Bishop, 7 Or App 558, 492 P2d 509 (1972), which is controlling.

Reversed and remanded.

Disposition

Reversed and ...


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