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State v. Rollf

Oregon Court of Appeals
Jan 15, 1980
598 P.2d 1309 (Or. Ct. App. 1980)

Opinion

Nos. 106,215, 105, 378, CA 11812, 11813

Argued April 19, 1979

Affirmed September 10, 1979 Reconsideration denied December 13, 1979 Petition for review denied January 15, 1980

Appeal from Circuit Court, Marion County.

Val D. Sloper, Judge.

James E. Mountain, Jr., Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Jan P. Londahl, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were James A. Redden, Attorney General, and Walter L. Barrie, Solicitor General, Salem.

Before Schwab, Chief Judge, and Thornton, Buttler, and Joseph, Judges.


PER CURIAM

Affirmed.



Defendant appeals from his conviction after jury trial of two crimes: murder and hindering prosecution. He assigns as error, first, the court's failure to grant his motion for mistrial based on the variance between the state's opening statement and the actual evidence introduced at trial; and, second, giving three instructions concerning inferences the jury could draw regarding intent.

Defendant's wife, Marty Katherine Rollf, was tried and convicted of manslaughter in the first degree and hindering prosecution for her part in the homicide. Her convictions were previously upheld by this court. See State v. Rollf, 40 Or. App. 535, 595 P.2d 1377 (1979).

While the record is not free from error, the evidence of defendant's guilt is overwhelming. We do not find these errors sufficient, either individually or taken as a whole, to warrant overturning the verdict.

Affirmed.



Summaries of

State v. Rollf

Oregon Court of Appeals
Jan 15, 1980
598 P.2d 1309 (Or. Ct. App. 1980)
Case details for

State v. Rollf

Case Details

Full title:STATE OF OREGON, Respondent, v. RICHARD DEAN ROLLF, Appellant. (Cases…

Court:Oregon Court of Appeals

Date published: Jan 15, 1980

Citations

598 P.2d 1309 (Or. Ct. App. 1980)
598 P.2d 1309

Citing Cases

State v. Pelletier

I would therefore affirm. Oregon Constitution, Amended Art VII, § 3; State v. Rollf, 42 Or. App. 79, 598 P.2d…