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STATE v. PARKER

225 Or. 88 (1960)

356 P.2d 88

STATE OF OREGON v. PARKER

Supreme Court of Oregon.

Reversed October 12, 1960.

Petition for rehearing denied November 9, 1960.

Opinion and judgment clarified November 30, 1960.

Attorney(s) appearing for the Case

William J. Sundstrom and Douglas J. White, Jr., Portland, argued the cause and filed briefs for appellant.

Oscar D. Howlett, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was Charles E. Raymond, District Attorney, Portland.

Charles E. Raymond, District Attorney, and Oscar D. Howlett, Deputy District Attorney, Portland, for the motion.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

REVERSED.

SLOAN, J.

A jury found defendant guilty of second degree murder. He appeals from the judgment of life imprisonment which followed. The crucial assignment of error results from the testimony of witnesses who were permitted to relate statements made to them by an alleged conspirator. The statements were not made in the presence of defendant. The admissibility of that testimony is the decisive question in the case.

The person who was killed...

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