State v. Claridy

Defendant appeals from his jury conviction of "robbery in the third degree” (ORS 164.395). He assigns as error both the admission into evidence of testimony elicited at the preliminary hearing from a witness who was unavailable at the time of trial, and the refusal of the court to declare a mistrial when, after some five-and-one-half hours of deliberation, the jury indicated that it was at an apparent deadlock.

Although ORS 41.900(8)1 authorizing the admission into evidence of testimony obtained at a preliminary hearing where the witness is unavailable at the time of trial and was subjected to…