Oregon v. Cornell

Defendant appeals from convictions on two counts of felony murder for the homicide of John Ruffner, allegedly committed during the course of robbing him and burglarizing his residence. ORS 163.115. Defendant was originally indicted with Mark Allen Pinnell in October 1985 for one count of aggravated murder and two counts of felony murder. In January 1988, defendant and Pinnell were indicted on five counts of aggravated murder. Defendants motion for a separate trial was allowed in March 1988. In that trial, defendant was acquitted of aggravated murder and convicted on both counts of felony murder, which were merged for purposes of sentencing. The Court of Appeals affirmed the judgment of the trial court. State v. Cornell, 109 Or App 396, 820 P2d 11 (1991). We allowed review to consider defendants challenge of the introduction of evidence of statements of a coconspirator under OEC 801(4)(b)(E).