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STATE v. RAWLS

451 P.2d 127 (1969)

STATE of Oregon, Respondent, v. Jerry Lee RAWLS, Appellant.

Supreme Court of Oregon, Department 1.

Decided February 26, 1969.

Attorney(s) appearing for the Case

Oscar D. Howlett, Portland, argued the cause and filed the brief for appellant.

Thomas H. Denney, Deputy Dist. Atty., Oregon City, argued the cause for respondent. With him on the brief was Roger Rook, Dist. Atty., Oregon City.

Before PERRY, C.J., and SLOAN, O'CONNELL, DENECKE, and LANGTRY, JJ.

LANGTRY, Justice (Pro Tempore).

Rawls and Frazier were jointly indicted for murder. Separate trials were held, Frazier's being the first. He was convicted. On the subsequent trial of Rawls, Frazier testified, even though his case was on appeal and he could have claimed the privilege against self-incrimination. Rawls was convicted of second-degree murder and appealed to this court, which reversed and remanded the case for a new trial. State v. Rawls,

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