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STATE v. WALKER

478 P.2d 643 (1971)

STATE of Oregon, Respondent, v. Walter H. WALKER, Appellant.

Court of Appeals of Oregon, Department 2.

Decided January 7, 1971.

Attorney(s) appearing for the Case

Richard Haeder, Portland, argued the cause for appellant. With him on the brief were Brian J. Freeman, and Birch & Haeder, Portland.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY, BRANCHFIELD and HOLMAN, JJ.

HOLMAN, Judge pro tem.

Defendant appealed from his conviction of the crime of robbery by fear, unarmed. He claims that the trial court erred in failing to require an alleged accomplice to testify in defendant's behalf after the accomplice invoked the 5th Amendment. Defendant contends the accomplice could not invoke the 5th Amendment because he had already been placed in jeopardy by a previous trial and, therefore, could not be prosecuted for any crime arising out...

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