State v. Wolfe

Defendant was convicted by a jury verdict of theft in the first degree. On appeal he makes one assignment of error: The trial court erred in suppressing the testimony of two defense witnesses because defendant had not given the state notice that he intended to call them as witnesses.

During trial defense counsel attempted to call as a defense witness Frances Howard. The state objected on the ground that defendant had not complied with the provisions of ORS 135.835, which provides in part:

“Except as otherwise provided in ORS 135.855 and 135.873, the defendant shall disclose to the district…