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State v. Jackson

Oregon Court of Appeals
Aug 29, 1977
568 P.2d 697 (Or. Ct. App. 1977)

Opinion

No. 143878, CA 7699

Argued August 18, 1977

Affirmed August 29, 1977

Appeal from District Court, Marion County.

Clarke C. Brown, Judge.

J. Michael Alexander, Salem, argued the cause for appellant. With him on the brief was Brown, Burt Swanson, P.C., Salem.

James C. Rhodes, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were James A. Redden, Attorney General, and W. Michael Gillette, Solicitor General, Salem.


Before Schwab, Chief Judge, and Richardson and Johnson, Judges.

PER CURIAM.

Affirmed.


Defendant appeals from a conviction of criminal mischief in the second degree. ORS 164.354. He contends that the trial court erred in failing to require a witness whom he had subpoenaed to appear. The trial judge refused to do so on the grounds that the witness, a physician, had informally communicated to the judge that he knew nothing about the matter.

We affirm without reaching the question of whether the trial judge's reasoning was correct, because it is clear that if the doctor had been present the defendant would have sought to elicit from the doctor only impeaching evidence on a collateral matter — which is impermissible.

Affirmed.


Summaries of

State v. Jackson

Oregon Court of Appeals
Aug 29, 1977
568 P.2d 697 (Or. Ct. App. 1977)
Case details for

State v. Jackson

Case Details

Full title:STATE OF OREGON, Respondent, v. VERNON JOHN JACKSON, Appellant

Court:Oregon Court of Appeals

Date published: Aug 29, 1977

Citations

568 P.2d 697 (Or. Ct. App. 1977)
568 P.2d 697

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