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State v. Walker

Oregon Court of Appeals
Aug 18, 1982
649 P.2d 624 (Or. Ct. App. 1982)

Opinion

No. 81-0435, CA A22887

Argued and submitted April 23, 1982.

Affirmed August 18, 1982.

Appeal from Circuit Court, Linn County, Wendell H. Tompkins, Judge.

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and William F. Gary, Solicitor General, Salem.

Before Gillette, Presiding Judge, and Warden, and Young, Judges.


PER CURIAM

Affirmed.


Defendant appeals his convictions for attempted murder and assault in the first degree, contending that the trial court erred in allowing a non-licensed Oregon State Hospital clinical psychologist to testify regarding defendant's mental state.

Whether or not a witness is qualified to express an expert opinion on a subject is a matter within the sound discretion of the trial court. State v. Bolger, 31 Or. App. 565, 567, 570 P.2d 1018 (1977). That discretion was not abused here. The trial court properly ruled that the psychologist's lack of a license went, at most, to the weight of his testimony, not to its admissibility.

Affirmed.


Summaries of

State v. Walker

Oregon Court of Appeals
Aug 18, 1982
649 P.2d 624 (Or. Ct. App. 1982)
Case details for

State v. Walker

Case Details

Full title:STATE OF OREGON, Respondent, v. CHARLIE LEE WALKER, Appellant

Court:Oregon Court of Appeals

Date published: Aug 18, 1982

Citations

649 P.2d 624 (Or. Ct. App. 1982)
649 P.2d 624

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