State Ex Rel. Smith v. Murchison

This is a mandamus proceeding against a circuit judge in Multnomah County. It arises from the denial by that judge of motions by two persons charged with murder for an order requiring the recordation of the testimony of "all * * * witnesses who may testify regarding defendant(s)” before a grand jury in its consideration of a possible indictment against them, including all witnesses named in a previous indictment for attempted murder of a victim who had subsequently died.

Defendants, the relators in this proceeding, contend that (1) "fundamental fairness” requires that recordation be allowed…