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STATE v. WHITE

10-83-01183, 10-83-03087; CA A47182 (Control), A47183.

773 P.2d 824 (1989)

96 Or.App. 713

STATE of Oregon, Respondent, v. Terry James WHITE, Appellant.

Court of Appeals of Oregon.

Decided May 24, 1989.

Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

DEITS, Judge.

Defendant appeals his convictions for murder, ORS 163.115, and arson in the first degree, ORS 164.325, arguing that the state was barred from prosecuting him. We affirm.

Defendant, Kell and Harris were indicted for arson and the aggravated murder of Robert Harris. Kell and Harris were tried separately. Before defendant's trial, he was called as a witness at Harris' trial, but he declined to testify, even though he was offered use and derivative...

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