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STATE v. CAPITAN

494 P.2d 443 (1972)

STATE of Oregon, Respondent, v. Vincent Louis CAPITAN, Appellant.

Court of Appeals of Oregon, Department 2.

Decided March 9, 1972.

Attorney(s) appearing for the Case

William B. Crow, Portland, argued the cause and filed the briefs for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were John W. Osburn, Sol. Gen., and Lee Johnson, Atty. Gen., Salem.

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

LANGTRY, Judge.

Defendant appeals from conviction of first degree murder. ORS 163.010.

Defendant and Michael John "Bobby" Wright, his stepson, were separately indicted for the murder of one Carlos Mendoza, and defendant was tried separately. He asserts seven errors which will be noted as they are discussed.

Evidence supported the following. On April 25, 1968, Mendoza's body was found in a 1956 Chevrolet parked near the Portland airport. The automobile...

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