State v. Herrera

Defendant was convicted by a jury of murder. ORS 163.115. His conviction was affirmed by the Court of Appeals, State v. Herrera, 32 Or App 397, 574 P2d 1130 (1978). We allowed review to consider (1) whether the defendant’s right to confront witnesses against him was violated when the state introduced into evidence the testimony óf a key witness given upon preliminary hearing; and (2) whether the defendant’s requested instructions concerning his affirmative defense of mental disease or defect excluding responsibility based on drug dependence should have been given. We reverse and remand for a…