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STATE v. COLE

448 P.2d 523 (1968)

STATE of Oregon, Respondent, v. Virgil COLE, Appellant.

Supreme Court of Oregon, Department 1.

Decided December 18, 1968.

Attorney(s) appearing for the Case

Julian Herndon, Jr., Portland, argued the cause and filed the brief for appellant.

Jacob B. Tanzer, Deputy Dist. Atty., Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

Before PERRY, C.J., and McALLISTER, O'CONNELL, DENECKE, and MENGLER, JJ.

MENGLER, Justice pro tem.

The defendant and two other men were indicted jointly and charged with the crime of conspiring to commit a felony. The other two co-conspirators pleaded guilty. The defendant pleaded not guilty, was tried by jury, and was convicted.

The defendant alleges that the trial court erred as follows:

1. In allowing the two co-conspirators, as state's witnesses, to testify that they had pleaded guilty to the charge. 2. In...

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