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STATE v. DANIELSON

10-84-03506; CA A34472.

719 P.2d 44 (1986)

79 Or.App. 278

STATE of Oregon, Appellant, v. Robert Wayne DANIELSON, Respondent.

Court of Appeals of Oregon.

Decided May 14, 1986.

Reconsideration Denied July 11, 1986.

Review Denied July 29, 1986.

Attorney(s) appearing for the Case

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

John P. Daugirda, Deputy Public Defender, Salem, argued the cause for respondent. With him on brief was Gary D. Babcock, Public Defender, Salem.

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

WARDEN, Judge.

In this criminal case, the state appeals, contending that the trial court erred in sustaining defendant's demurrer to an indictment for aggravated murder. Defendant contends that ORS 163.1031 is unconstitutional, because it allows the state to present evidence of a prior homicide conviction, unless the defendant stipulates to it. Defendant argues that admission of that evidence violates...

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