STATE v. NEAL

83-775, 778, 779, 780, 790; CA A31520.

699 P.2d 1171 (1985)

73 Or.App. 816

STATE of Oregon, Respondent, v. William Paul NEAL, Appellant.

Court of Appeals of Oregon.

Decided May 22, 1985.

Reconsideration Denied July 5, 1985.


Attorney(s) appearing for the Case

Stephen A. Houze, Portland, argued the cause for appellant. With him on the brief were Birkland, Koch & Houze, Portland.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


NEWMAN, Judge.

Defendant appeals convictions for sodomy and incest. ORS 163.405; ORS 163.525. He first asserts that the court erred in permitting testimony and prosecutorial argument regarding exercise of his "right to remain silent during pre-arrest police questioning." The court limited the questions of the prosecutor, who stated that she would instruct her witness not to testify to the statement of defendant on which this assignment turns. When, however, the witness...

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