State v. Howard

Defendant appeals his conviction after jury trial for possession of a controlled substance. ORS 475.992. His sole assignment of error is that the trial court erred in refusing to admit his offer of prior recorded testimony, given at an earlier related trial. Defendant claims the testimony was properly admissible under ORS 41.900(8). He argues, therefore, the court erred in refusing to admit it. We affirm.

On December 12, 1979, a search warrant was executed at a residence in Portland. During the course of the search, three Portland police officers took up positions in the rear of the house.…