State v. Ray

Defendant appeals his conviction of perjury (ORS 162.065). The relevant facts are set out in our opinion of today in State v. Belva Marie Ray (CA 10294), 36 Or App 367, 584 P2d 362 (1978). We agree with the defendant that the trial court abused its discretion in denying defendant’s motion for mistrial based on a comment by the prosecuting attorney which revealed to the jury that a trier of fact in an earlier proceeding had found adversely to defendant on the same factual issues which were dispositive here.

The defendant was charged with making false sworn statements in a civil proceeding which…