State v. Jackson

Defendant was indicted for first degree murder. The trial was initially to a jury, but defendant waived his right to a jury late in the trial and expressed his desire that the trial judge be the finder of fact. Defendant was found guilty by the court of voluntary manslaughter and received a five year sentence.

Defendant’s appeal raises three assignments of error, all of which relate to the court’s admission of testimony which the defendant contends was inadmissible. The first assignment directly challenges our recent holding in State v. McCauley, 8 Or App 571, 494 P2d 438, Sup Ct review denied…