State v. Smallwood

Defendant was indicted, tried and convicted by a jury of murder. ORS 163.115. He entered a plea of not guilty by reason of mental disease or defect. ORS 161.295, 161.300, and 163.125. He appeals from the resulting judgment.

The single assignment of error asserts violation of defendant’s Fifth and Sixth Amendment rights in connection with certain testimony elicited from the state’s psychiatrist. In considering the validity of these contentions it is important by way of background to note certain facts: (1) the challenged evidence came in on rebuttal after all of the defendant’s witnesses had…