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STATE v. MILLER

460 P.2d 874 (1969)

STATE of Oregon, Respondent, v. Andrew MILLER, Appellant.

Court of Appeals of Oregon.

Decided November 7, 1969.

Attorney(s) appearing for the Case

Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas L. Gallagher, Deputy Dist. Atty., Portland, argued the cause for respondent. On the brief were George Van Hoomissen, Dist. Atty., and Helen B. Kalil, Deputy Dist. Atty., Portland.

Before SCHWAB, C.J., and LANGTRY, FOLEY and FORT, JJ.

LANGTRY, Judge.

Defendant was indicted for sodomy, under ORS 167.040, allegedly committed by him on another prisoner in Multnomah County jail.

In the first trial, for reasons not relevant here, a mistrial was declared. In this appeal, after conviction by a jury in the second trial, he raises several assignments of error, claiming a deprivation of his rights.

At two hearings held after the first and before the second trial, defendant demanded removal...

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