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STATE v. HERRERA

TC No. 76-278-C; CA 7539; SC 25764.

594 P.2d 823 (1979)

286 Or. 349

STATE of Oregon, Respondent, v. Antonio Miguel HERRERA, Petitioner.

Supreme Court of Oregon, In Banc.

Decided May 8, 1979.

Attorney(s) appearing for the Case

Thomas J. Crabtree, Deputy Public Defender, Salem, argued the cause for petitioner. On the brief were Gary D. Babcock, Public Defender, and Peter Robinson, Law Intern, Salem.

Catherine Allan, Asst. Atty. Gen., argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., Al J. Laue, Sol. Gen., and John W. Burgess, Asst. Atty. Gen.

LENT, Justice.

Defendant was convicted by a jury of murder. ORS 163.115. His conviction was affirmed by the Court of Appeals, State v. Herrera, 32 Or.App. 397, 574 P.2d 1130 (1978). We allowed review to consider (1) whether the defendant's right to confront witnesses against him was violated when the state introduced into evidence the testimony of a key witness given upon preliminary

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