STATE v. MIDDLETON

Nos. TC C75-06-1924, CA A23510, SC 29430.

668 P.2d 371 (1983)

295 Or. 485

STATE of Oregon, Petitioner On Review, v. Raymond Edward MIDDLETON, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided August 16, 1983.

Rehearing Denied September 27, 1983.


Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for respondent on review. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause and submitted the brief for petitioner on review. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.


CAMPBELL, Justice.

The primary question presented in this case is whether defendant's jury conviction of felony murder must be reversed because of the admission into evidence of the fact that one of the state's witnesses passed a polygraph examination. Defendant contends that the admission of this evidence was error and his motion for a mistrial should have been granted. The Court of Appeals agreed and reversed defendant...

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