State v. Mustain

Soule, J. —

Defendant, Eddie Joe Mustain, appeals from his convictions for grand larceny and second-degree burglary. We reverse only because of the trial court's denial of defendant's request for a transcript of testimony from his first abortive trial. We find no other error but comment upon defendant's claims because the issues presented will necessarily arise upon retrial.

Some time during the late evening or early morning hours of May 4, 1976, a hardware store in Stevenson, Washington, was burglarized. At approximately 4 a.m. the same morning, Oregon deputy sheriffs received a report of a…