STATE v. SUTTERFIELD

No. 18-632; CA 14302.

607 P.2d 789 (1980)

45 Or.App. 145

STATE of Oregon, Respondent, v. Gary Lynn SUTTERFIELD, Appellant.

Court of Appeals of Oregon.

Decided March 10, 1980.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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

Before JOSEPH, P.J., RICHARDSON, J. and SCHWAB, C.J.


JOSEPH, Presiding Judge.

Defendant appeals his convictions for rape in the first degree, sodomy in the first degree and kidnapping in the second degree, contending that the trial court erred in allowing the state to call a witness who it knew would invoke his privilege against self incrimination.

The state called the witness, Steven Ewing, to testify on rebuttal. Out of the presence of the jury, the court asked him whether he intended to answer any questions...

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