State v. Morales

The defendant was convicted of three charges of criminal activity in drugs. He appealed to the Court of Appeals which affirmed without an opinion. State v. Morales, 12 Or App 601, 506 P2d 733 (1973). We granted review.

The sole assignment of error is that the trial court erred in striking alibi testimony. The court struck the testimony because the defendant failed to give notice, prior to trial, of intent to rely on alibi evidence as required by OES 135.875. ① Tbe defendant offered no reason for bis failure to give notice.

We granted review because tbe trial court’s ruling appeared contrary to…