Opinion
82-879-M; CA A28897
Argued and submitted December 20, 1983
Reversed and remanded for new trial January 11, 1984
Appeal from District Court, Josephine County.
Allan H. Coon, Judge.
Richard D. Adams, Grants Pass, argued the cause for appellant. On the brief were Donald H. Coulter, and Myrick, Coulter, Seagraves, Myrick Adams, Grants Pass.
Richard D. Wasserman, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.
Before Gillette, Presiding Judge, and Van Hoomissen and Young, Judges.
PER CURIAM
Reversed and remanded for new trial.
In light of the newly-discovered evidence presented by defendant, the trial court abused its discretion (and therefore erred) in denying defendant's motion for a new trial.
Reversed and remanded for new trial.