State v. White

Defendant appeals from a judgment of conviction for robbery in the first degree. ORS 164.415. Defendant contends that the trial court erred when it denied a motion for mistrial on the court’s reinstruction of the jury outside the presence of defense counsel. We affirm.

After the jury began its deliberations, the prosecutor and defense counsel adjourned to a nearby restaurant to await the verdict. Soon thereafter the courthouse received a telephoned bomb threat. The courthouse was evacuated, and the jury was moved, under the bailiffs supervision, to the county commissioners’ office building.…