State v. Miller

Defendant appeals his conviction by a jury of burglary in the second degree. ORS 164.215. 1 We affirm.

On April 29, 1980, an attempt was made to break into the State Police Crime Laboratory in Medford. Police chased a suspect seen running from the area. Officer Jacobson tackled the suspect, who was able to break loose and escape. Defendant was arrested on July 30, 1980, after Jacobson identified him as the suspect he had tackled.

Defendant first assigns as error the trial court’s refusal to allow his motion to exclude testimony showing that defendant had been arrested six weeks before the…