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STATE v. FOSTER

No. 81-333C; CA A22845; SC 29601.

674 P.2d 587 (1983)

296 Or. 174

STATE of Oregon, Respondent On Review, v. Kenneth FOSTER, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided December 20, 1983.

Attorney(s) appearing for the Case

Marilyn C. McManus, Deputy Public Defender, Salem, argued the cause for petitioner on review. With her on the petition and brief was Gary D. Babcock, Public Defender, Salem.

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

JONES, Justice.

Defendant was convicted of felony murder, first degree kidnapping and criminal conspiracy. The facts of the alleged homicide are set forth in the companion case of State v. Snider, ___ Or. ___, 674 P.2d 585 (decided this date). Defendant appealed and the Court of Appeals affirmed per curiam, stating:

"One of the state's principal witnesses was defendant's accomplice, Walker. Before the trial commenced...

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