STATE v. JACKSON


506 P.2d 539 (1973)

STATE of Oregon, Respondent, v. Glenn Ray JACKSON, Appellant.

Court of Appeals of Oregon.

Decided February 20, 1973.


Attorney(s) appearing for the Case

William H. Wiswall, Springfield, argued the cause for appellant. With him on the briefs were Sanders, Lively & Wiswall and Fredrick Siegrist, Springfield.

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Solicitor Gen., Salem.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.


FOLEY, Judge.

Defendant was indicted for first degree murder. The trial was initially to a jury, but defendant waived his right to a jury late in the trial and expressed his desire that the trial judge be the finder of fact. Defendant was found guilty by the court of voluntary manslaughter and received a five year sentence.

Defendant's appeal raises three assignments of error, all of which relate to the court's admission of testimony which the defendant contends...

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