State v. Farber

For the reasons stated in our former opinion, State v. Farber, 56 Or App 351, 358-65, 642 P2d 668 (1982), I dissent from that portion of the majority opinion that holds that defendant’s constitutional right to confront and cross-examine the witness against him was not violated. I would hold that the trial court committed reversible error when it permitted Freer and Fouts to testify about the hearsay statements of Whitney.

The majority states that the co-conspirator exception to the rule against hearsay is “firmly established.” It does so in order to bring ORS 41.900(6) within the language…