State v. Davis

Defendant appeals his conviction for unauthorized use of a motor vehicle (ORS 164.135). It was the defendant’s theory of defense that he had entered into an agreement with the complaining witness to purchase the vehicle in question and that, therefore, his use of the vehicle was authorized.

On appeal defendant assigns as error, first, the trial court’s failure to grant his motion for a mistrial made during the state’s opening statement and, second, the giving of a jury instruction on "weaker or less satisfactory evidence.”

During his opening statement the prosecutor commented that at the time…