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108 Or. App. 486

State v. Weinstein

Court of Appeals of Oregon

Decided August 21, 1991

Court of Appeals of Oregon · decided 1991-08-21

Applies OR 163 § 163.160 · OR 164 § 164.354 · OR 166 § 166.065

Decided 1991-08-21

PER CURIAM

¶1Defendant appeals his convictions for assault, harassment and criminal mischief. ORS 163.160; ORS 166.065; ORS 164.354. The victim, Mullinix, testified that defendant, an acquaintance, came to his house and attacked him. Defendant sought to impeach him by eliciting on cross-examination evidence that Mullinix was on probation. Defendant argued that the evidence showed bias, because Mullinix had a motive to lie about the fight to avoid having his probation revoked. The state concedes that it was prejudicial error to exclude the evidence. We accept that concession.

¶2Reversed and remanded for a new trial.

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