State v. Miller

Defendant appeals from conviction of first degree murder. ORS 163.010. He was jointly indicted with Homer Lee Denniston and Dennis H. Cole for the murder of a storekeeper during an armed robbery. He asserts that the trial court erred (1) in allowing defendant’s tape-recorded statements in evidence; (2) in refusing to require a subpoenaed codefendant to testify as a witness in the presence of the jury after the codefendant, out of the presence of the jury, had invoked the protection of the Fifth Amendment to the United States Constitution against self-incrimination; and (3) in its refusal to…