The fourth assignment of error is also based upon a ruling largely in the discretion of the trial judge; it is our opinion that the evidence received as rebuttal testimony was such. The admission of rebuttal testimony rests largely within the discretion of the trial court, and this generally includes the determination of whether the testimony is of that nature: 16 C.J., p. 868; State v. Merlo, 92 Or. 678 ( 173 P. 317, 182 P. 153); State v. Ayer, 122 Or. 537 ( 259 P. 427); State v. Ragan, 123 Or. 521 ( 262 P. 954). The court instructed the jury:
' " Note, Government Privilege Against Disclosure of Official Documents, 58 Yale L J 993 (1949). Since that date the statute has only been briefly mentioned in three cases: State v. Morrow, 158 Or. 412, 75 P.2d 737, 76 P.2d 971 (1938); State v. Ayer, 122 Or. 537, 259 P. 427 (1927); and State v. Yee Guck, 99 Or. 231, 195 P. 363 (1921). See also, Hurley, Privileged Communications in Oregon, 36 Or L Rev 132, 156-57 (1957).