STATE EX REL. SMITH v. MURCHISON

SC 26167, SC 26173.

595 P.2d 1237 (1979)

286 Or. 469

STATE of Oregon ex rel. Dwayne Clarence Smith and Curtis Lawrence Smith, Relators, v. John J. MURCHISON, Judge of the Circuit Court of the State of Oregon, for the County of Multnomah, Respondent.

Supreme Court of Oregon.

Decided May 30, 1979.


Attorney(s) appearing for the Case

Richard M. Rogers, Portland, argued the cause and filed the brief for petitioner-relators.

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause and filed the brief for respondent. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before DENECKE, C.J., and TONGUE, HOWELL, LENT and LINDE, JJ.


TONGUE, Justice.

This is a mandamus proceeding against a circuit judge in Multnomah County. It arises from the denial by that judge of motions by two persons charged with murder for an order requiring the recordation of the testimony of "all * * * witnesses who may testify regarding defendant(s)" before a grand jury in its consideration of a possible indictment against them, including all witnesses named in a previous indictment for attempted murder of a victim who...

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