State v. Jones

Defendant was convicted of the crime of rape. In appealing to the Court of Appeals he contended, among other things, that the trial court erred in denying defendant’s motion to suppress a sample of defendant’s blood and that the conduct of the prosecuting attorney was such as to deny his right to receive a fair trial. The Court of Appeals affirmed the conviction. 28 Or App 131, 558 P2d 1271 (1977). We granted defendant’s petition for review because of our concern whether that court correctly decided those two questions.

According to testimony offered by the state, defendant and a companion…