# State v. McLean

> Oregon Supreme Court · April 22, 1970 · 255 Or. 464

URL: https://www.frixlaw.com/law-library/cases/9621850

## Case

- **Full name:** STATE OF OREGON, Respondent, v. DANIEL ALLEN McLEAN, Appellant
- **Court:** Oregon Supreme Court
- **Decided:** April 22, 1970
- **Citations:** 255 Or. 464; 468 P.2d 521; 1970 Ore. LEXIS 424
- **Precedential status:** Published
- **Opinion:** Concurrence by McALLISTER
- **Judges:** Tongue, McAllister, Denecke
- **Cited by:** 53 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9621850

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9621850. Public record. Not legal advice.