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STATE v. SMITH

242 Or. 223 (1965)

408 P.2d 942

STATE OF OREGON v. SMITH

Supreme Court of Oregon.

Reversed and remanded December 15, 1965.

Attorney(s) appearing for the Case

Gary D. Babcock, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Lawrence A. Aschenbrenner, Public Defender, Salem.

George M. Joseph, Deputy District Attorney, Portland, argued the cause for respondent. On the brief was George Van Hoomissen, District Attorney, Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN, DENECKE, HOLMAN and LUSK, Justices.

REVERSED AND REMANDED.

HOLMAN, J.

Defendant was convicted of the crime of assault and robbery while being armed with a dangerous weapon. He has appealed, contending that the trial court committed error in admitting, over his objection, his signed confession.

The state put on its case in chief without identifying or attempting to introduce the confession. Defendant, Jin presenting his case, testified he had never been at the scene of the crime and was...

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