State v. McFarland

Defendant appeals from his conviction by a jury of first degree assault, ORS 163.185, and assigns as error the trial court’s denial of his motion for a mistrial made after the prosecutor asked defendant two questions about prior acts of misconduct by defendant.

In the evening of August 3, 1976, police officers David Burley and Michael Gibson responded to a call reporting that a domestic dispute was in progress at defendant’s apartment. Upon arriving at the apartment complex the officers were greeted by defendant’s wife who told them repeatedly only that "he’s got my baby” and directed them to…