State v. Tucker

This case comes to us on remand from the Supreme Court. State v. Tucker, 305 Or 43, 749 P2d 576 (1988). In our previous opinion, we reversed defendant’s murder conviction and remanded the case for a new trial. State v. Tucker, 86 Or App 413, 740 P2d 182 (1987). The Supreme Court denied the state’s and defendant’s petitions for review, allowed the state’s supplemental petition for review, vacated our decision and remanded the case to us to consider the issue raised in the state’s supplemental petition for review. 305 Or at 44. For the reasons that follow, we adhere to and adopt our previous…