State v. Smyth

Defendant was convicted of the offense of unauthorized use of a vehicle, ORS 164.135, upon a second trial, the first trial having resulted in a mistrial when the jury was unable to agree on a verdict. At the first trial, certain testimony was given by two witnesses from Calgary, Alberta, Canada, where the vehicle had been reported as stolen. The state made no effort to obtain the presence of these witnesses for the second trial. On the morning of the trial, the prosecution offered evidence that one of the men was in Canada and the other was on vacation either in Canada or in northern…