STATE v. KELSEY


558 P.2d 1299 (1977)

28 Or.App. 255

STATE of Oregon, Respondent, v. William Henry KELSEY, Jr., Appellant.

Court of Appeals of Oregon.

Decided January 24, 1977.


Attorney(s) appearing for the Case

Robert J. McCrea, Eugene, argued the cause for appellant. With him on the brief was Morrow & McCrea, P.C., Eugene.

Melinda L. Bruce, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and TANZER, JJ.


THORNTON, Judge.

Defendant appeals from a conviction for murder assigning as errors the following: (1) admission into evidence of an alleged threat; (2) admission of the fingerprint identification of the victim; (3) admission of the testimony of Jean Kelsey, defendant's `wife' by a void marriage; (4) the calling to the stand by the state of defendant's lawful wife, knowing that defendant would invoke the marital privilege against her testifying; and (5) the failure...

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