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STATE v. FOSTER

81-333C; CA A22845.

660 P.2d 200 (1983)

62 Or.App. 298

STATE of Oregon, Respondent, v. Kenneth FOSTER, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted March 9, 1983.

Decided March 16, 1983.

Attorney(s) appearing for the Case

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

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

Resubmitted In Banc March 9, 1983.

PER CURIAM.

Defendant was convicted of felony murder, first degree kidnapping and criminal conspiracy. The latter charges were merged into the murder conviction for purposes of sentencing. Defendant appeals from the resulting judgment.

One of the state's principal witnesses was defendant's accomplice, Walker. Before the trial commenced and again during Walker's testimony...

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