State v. Marlow

Defendant was convicted of burglary in the second degree. ORS 164.215. The issue on appeal is whether introduction of the hearsay testimony of a prosecution witness was prejudicial error.

The charges arose from the burglary of the Peacock Tavern, in Corvallis, where defendant was employed part time. The evidence linking defendant to the offense was circumstantial. Defendant’s gloves and trousers were stained with grease which was similar to samples obtained from the kitchen exhaust fan in the tavern. Defendant also owned a pair of shoes which had a sole pattern similar to that of a shoe print…