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STATE v. MURPHY

465 P.2d 900 (1970)

STATE of Oregon, Respondent, v. Daniel Paul MURPHY, Appellant.

Court of Appeals of Oregon, Department 2.

Decided March 12, 1970.

Attorney(s) appearing for the Case

Oscar D. Howlett, Portland, argued the cause and filed the briefs for appellant.

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

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

SCHWAB, Chief Judge.

The defendant was tried to a jury on the charge of murder of his wife. He was convicted of murder in the second degree. On appeal he contends that fingernail scrapings taken from him against his will were wrongfully received in evidence. The state produced testimony that analysis of the scrapings revealed skin, blood cells, and white cotton fiber. This evidence was obviously introduced as tending to prove that the defendant had acquired these...

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