State v. Hughes
This text of 449 P.2d 445 (State v. Hughes) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The defendant’s only claim of error is that a handwriting exemplar taken from the defendant was not voluntarily given. We decided in State v. Fisher, 242 Or 419, 410 P2d 216 (1966), that the taking of a hand[355]*355writing exemplar did not violate the privilege against self-incrimination contained in the fifth amendment to the Federal Constitution. The United States Supreme Court subsequently so held in Gilbert v. California, 388 US 263, 87 S Ct 1951, 18 L Ed2d 1178 (1967).
The manner of obtaining the exemplar did not violate the due process clause of the Federal Constitution. Schmerber v. California, 384 US 757, 759-760, 86 S Ct 1826, 16 L Ed2d 908 (1966).
Affirmed.
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Cite This Page — Counsel Stack
449 P.2d 445, 252 Or. 354, 1969 Ore. LEXIS 522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hughes-or-1969.