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STATE v. ALLEN

239 Or. 524 (1965)

398 P.2d 477

STATE OF OREGON v. ALLEN

Supreme Court of Oregon.

Reversed and remanded January 29, 1965.

Attorney(s) appearing for the Case

Ervin B. Hogan, Medford, argued the cause and filed briefs for appellant.

Thomas J. Owens, Deputy District Attorney, Medford, argued the cause for respondent. With him on the brief was Alan B. Holmes, District Attorney, Medford.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and LUSK, Justices.

REVERSED AND REMANDED.

GOODWIN, J.

This is an appeal from a judgment of imprisonment upon conviction of violating ORS 164.240 (burglary not in a dwelling).

There are nine assignments of error. It is not necessary, however, to discuss each of them in detail, as it is clear that the case must be remanded for another trial because a purported confession was received in evidence without an evidentiary record to support its admissibility.

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