STATE v. GASTELUM

No. C77-10-14627; CA 10255.

599 P.2d 1169 (1979)

41 Or.App. 491

STATE of Oregon, Respondent, v. Jose Angel GASTELUM, Appellant.

Court of Appeals of Oregon.

Decided August 20, 1979.


Attorney(s) appearing for the Case

Phillip M. Margolin, Portland, argued the cause and filed the brief for appellant.

James M. Brown, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., THORNTON, BUTTLER and JOSEPH, JJ., and PETERSON, J. Pro Tem.


BUTTLER, Judge.

Defendant appeals from his convictions of murder and attempted murder, ORS 163.115, under a two count indictment. His principal contention is that the trial court erred in permitting a detective who investigated the crimes to express his opinion that two other suspects did not fire the gun. We agree and reverse and remand for a new trial.

The charges against the defendant arose out of a series of brawls, with a shifting cast of characters,...

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