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STATE v. ATHERTON

242 Or. 621 (1966)

410 P.2d 208

STATE OF OREGON v. ATHERTON

Supreme Court of Oregon.

Affirmed January 12, 1966.

Petition for rehearing denied February 23, 1966.

Attorney(s) appearing for the Case

Oscar D. Howlett, Portland, argued the cause and filed a brief for appellant.

George M. Joseph, Deputy District Attorney, Portland, argued the cause for respondent. On the brief were George Van Hoomissen, District Attorney, and Tom P. Price, Deputy District Attorney, Portland.

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

AFFIRMED.

GOODWIN, J.

This is an appeal from a conviction of violating ORS 163.280 (armed robbery). The only substantial issue is whether the defendant's confession was admissible.

A tavern was robbed at gunpoint by two men. A short time later one man was found in an automobile which answered a description given by witnesses. The automobile was stopped by a police officer and the defendant Atherton was placed under arrest and taken to the city jail...

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