State v. Gill

Defendant was convicted by a jury of the attempted rape of his 15 year old daughter. There are three assignments of error raised by this appeal.

The first assignment claims that the court should have allowed a mistrial when the daughter became emotionally distressed as she testified. We have held in a civil case that the prejudicial effect of an emotional outburst is a decision peculiarly within the province of the trial court. The opinion stated the “common pattern” of the cases on the subject was to sustain the action of the trial court. Hays v. Herman, 1958, 213 Or 140, 145, 322 P2d 119, 69…