State v. Payton

Defendant appeals from a jury conviction of burglary in the first degree — ORS 164.225 — contending that motions for mistrial and new trial should have been allowed because the prosecutor “intentionally misstated evidence crucial to a successful prosecution * *

The controversial evidence relates to the time when defendant was seen by Officer Ault of the Port*183land police in the vicinity of the burglary. Mrs. Maas, the principal witness against defendant, testified that “at 9:30, about — it was either a few minutes before or a few minutes after” she observed from her kitchen window two men with…