CARSON, Justice.
The sole issue this case presents is whether a murder victim who assisted in the apprehension and arrest of defendant and would have been expected to testify at defendant's trial, but had not yet testified nor been subpenaed, was a "witness in a criminal proceeding" under the aggravated murder statute.
Defendant's indictment for aggravated murder alleged that he shot a "witness in a criminal proceeding," in violation of ORS 163.095(2)(a)(E...
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