State v. Abbott

This case is before us on a petition by defendant for review of the decision of the Court of Appeals. State v. Abbott, 24 Or App 111, 544 P2d 620 (1976). Defendant was convicted of first degree burglary. The Court of Appeals affirmed, holding that it was not error for the trial judge to refuse to grant defendant’s motion for a mistrial after the prosecutor called defendant’s alleged accomplice, who had already plead guilty to the burglary, as a witness for the state, knowing that the witness would probably refuse to testify.

We granted review in order to clarify the scope of our holding in…