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STATE v. McCOY

527 P.2d 725 (1974)

STATE of Oregon, Respondent, v. James Leonard McCoy, Petitioner.

Supreme Court of Oregon.

Decided November 5, 1974.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for petitioner.

Timothy Wood, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., John W. Osburn, then Sol. Gen., and John W. Burgess, Asst. Atty. Gen., Salem.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, TONGUE, HOWELL and SLOPER, JJ.

TONGUE, Justice.

Defendant appealed from a conviction for murder, contending that it was error to receive in evidence letters written by him while awaiting trial in the Klamath County jail, which were delivered unsealed by him to the sheriff for mailing. The sheriff apparently read them and made copies, which were delivered to the state's attorney. The Court of Appeals affirmed. 17 Or.App. 155, 521 P.2d 1074 (1974). We granted defendant...

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