State v. Washington

BUTTLER, J.,

specially concurring in part and dissenting in part.

While I agree with the majority that this conviction must be reversed because of the Supreme Court’s decision in State v. Gilbert, 282 Or 309, 577 P2d 939 (1978), I do not agree with the majority’s reluctant compliance with that decision, and therefore specially concur in that portion of the opinion. With respect to the majority’s holding under the heading "$5,000 and the Picture,” I disagree, and because the evidentiary question remains important on retrial, I register my dissent.

First, the area of general agrément: Gilbert…