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STATE v. LUTHER

No. TC C7904-31252; CA 17011; SC 29693.

672 P.2d 691 (1983)

296 Or. 1

STATE of Oregon, Respondent On Review, v. Orville John LUTHER, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided November 15, 1983.

Rehearing Denied January 10, 1984.

Attorney(s) appearing for the Case

Jacob Tanzer, Portland, argued the cause and filed the petition for review for petitioner on review. With him on the petition for review was Wolf, Griffith, Bittner, Abbott & Roberts, Portland. Des Connall, Portland, filed the brief in the Court of Appeals for petitioner on review.

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

CAMPBELL, Justice.

The defendant's conviction for second degree manslaughter was affirmed by the Court of Appeals. The defendant petitioned this court for review, assigning as his sole point relied on for reversal:

"If a witness in a criminal case has been subjected to hypnosis regarding the subject matter of her testimony, evidence, such as by cross-examination, of what occurred during the hypnosis is admissible."

We granted the defendant's petition...

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