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STATE v. SMALLWOOD

548 P.2d 1346 (1976)

STATE of Oregon, Respondent, v. Redgie Eugene SMALLWOOD, Appellant.

Court of Appeals of Oregon.

Decided April 26, 1976.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed the brief for appellant.

W. Michael Gillette, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

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

FORT, Judge.

Defendant was indicted, tried and convicted by a jury of murder. ORS 163.115. He entered a plea of not guilty by reason of mental disease or defect. ORS 161.295, 161.300, and 163.125. He appeals from the resulting judgment.

The single assignment of error asserts violation of defendant's Fifth and Sixth Amendment rights in connection with certain testimony elicited from the state's psychiatrist. In considering the validity of these contentions...

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