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STATE v. EVANS

468 P.2d 657 (1970)

STATE of Oregon, Respondent, v. Robert Joseph EVANS, Appellant.

Court of Appeals of Oregon, Department 2.

Decided April 23, 1970.

Rehearing Denied May 19, 1970.

Review Granted June 30, 1970.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Jacob B. Tanzer, Solicitor Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Before LANGTRY, P.J., and FOLEY and FORT, JJ.

FOLEY, Judge.

Defendant was indicted in Multnomah County for first degree murder in the August 6, 1963, strangling death of Irene E. Davis. After several days of trial, defendant, on March 3, 1964, withdrew his plea of not guilty and, pursuant to ORS 163.130, confessed his guilt of homicide in open court. ORS 163.130 reads:

"If upon an indictment for murder the defendant is convicted upon his own confession in open court, the court shall hear the proof and...

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