State v. Van Hooser

The defendant was convicted of the kidnapping and rape of a 12-year-old girl. The Court of Appeals decided error had been committed in the trial court but found it was not prejudicial and affirmed. 11 Or App 146, 501 P2d 78 (1972). We granted defendant’s petition for review.

Both assignments of error charge the improper receipt of testimony by an alleged accomplice, Kirk. Kirk’s testimony included the following exchange with the prosecutor:

“Q While you were both together in front of the officers, did you ever tell officers in front of the defendant here that you were both involved in this rape?