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STATE v. CORGAIN

No. 81-329C; CA A24377.

663 P.2d 773 (1983)

63 Or.App. 26

STATE of Oregon, Respondent, v. Richard CORGAIN, Appellant.

Court of Appeals of Oregon.

Decided May 11, 1983.

Reconsideration Denied July 22, 1983.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Robert E. Barton, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals his convictions for aggravated murder, felony murder, intentional murder, first degree robbery and first degree kidnapping. We reverse and remand for a new trial.

Defendant's first assignment of error relates to the testimony of a witness for the state, Darrell Cooper, one of three accomplices. He had entered into a plea agreement and was the only accomplice to testify. Defendant impeached Cooper during cross...

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