State v. Herrera

Defendant was convicted of the crime of murder. The conviction was affirmed in State v. Herrera, 32 Or App 397, 574 P2d 1130 (1978). The Supreme Court reversed and remanded for a new trial, 286 Or 349, 594 P2d 823 (1979). On retrial, defendant was acquitted of the murder charge but found guilty of the lesser included offense of manslaughter in the first degree. He assigns as error the denial of his motion to suppress statements made following incomplete Miranda 1 warnings and the denial of his motion for a mistrial after the state’s witness testified that his previous testimony to police was…