Assignment Nos. VII and VIII
How later courts described this case
- Assignment Nos. VII and VIII
Written by the judges who cited it.
The opinion
McALLISTER, J.,
concurring in the result.
I agree with the Court of Appeals that the trial court erred in refusing to let defendant testify that he had been acquitted of the charge on which he was being held in Rocky Butte Jail. State v. Leahy, 243 Iowa 959 , 54 NW2d 447 (1952); Nolan v. State, 213 *482 Md 298, 131 A2d 851 (1957). I would affirm the judgment under the authority vested in this court by Article VII, Section 3, of the Oregon Constitution. State v. Cahill, 208 Or 538, 575-583 , 293 P2d 169 , 298 P2d 214 (1956).
I concur only in the result of the majority opinion.