Legal Opinion · Dissent
State v. Hull
Court of Appeals of Oregon
Decided March 13, 1978No. 1466, CA 6728Published
1DissentSchwab, C. J.
I respectfully dissent. The majority incorrectly concludes that Marvin Cartwright was not an accomplice of the defendants. ORS 136.440 provides:
*191"(1) A conviction cannot be had upon the testimony of an accomplice unless it is corroborated by other evidence that tends to connect the defendant with the commission of the offense. The corroboration is not sufficient if it merely shows the commission of the offense or the circumstances of the commission.
"(2) As used in this section, an 'accomplice’ means a witness in a criminal action who, according to the evidence adduced in the action, is…
2Cases cited5 opinions
- State v. JimCourt of Appeals of Oregon · 1973
- State v. DugganOregon Supreme Court · 1958
- State v. FitzgeraldCourt of Appeals of Oregon · 1973
- State v. MoxleyOregon Supreme Court · 1909
- State v. MillerCourt of Appeals of Oregon · 1970