State v. Farber

The state petitions for reconsideration of our former opinion in this case. State v. Farber, 56 Or App 351, 642 P2d 668 (1982). We grant the petition and withdraw the former opinion.

In our prior opinion we held that the admission in evidence of certain statements made by an alleged co-conspirator was prejudicial error, and we therefore reversed defendant’s conviction and remanded the case for a new trial. We now reverse our ruling on that pivotal issue. In order to make our ruling on reconsideration clear, we find it necessary to repeat significant portions of our former opinion.

Defendant…