State v. Bolger

Defendant was convicted of criminal mischief in the second degree arising out of the painting of graffiti on the walls of a house in Coos Bay, Oregon. Defendant brings this appeal claiming three errors.

Defendant’s first assignment is that the trial court erred in permitting an expert witness to testify concerning his opinion as to the likelihood that defendant was the person who wrote the words on the house. The words were painted on the house in letters approximately two feet in height using black paint. The expert called by the prosecution had been mainly trained as an expert in handwriting…