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STATE v. BREEN

443 P.2d 624 (1968)

STATE of Oregon, Respondent, v. Hugh David Michael BREEN, Appellant.

Supreme Court of Oregon. In Banc.

Decided July 17, 1968.

Attorney(s) appearing for the Case

William G. Paulus, Salem, argued the cause for appellant. With him on the briefs were Paulus & Callaghan, Salem.

Gary D. Gortmaker, Dist. Atty., Salem, argued the cause for respondent. With him on the brief was Don W. Schussler, Asst. Dist. Atty., Salem.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN JJ.

DENECKE, Justice.

The defendant was convicted of arson. He appeals principally upon the ground that his confession was constitutionally inadmissible because he was not mentally capable of understanding the advice given him of his rights as an interrogated accused nor was he mentally capable of making the decision to waive such rights.

We agree with the defendant that if an accused is incapable of understanding his...

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