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STATE v. VAN NOSTRAND

465 P.2d 909 (1970)

STATE of Oregon, Respondent, v. Gerald VAN NOSTRAND, Appellant.

Court of Appeals of Oregon, Department 1.

Decided March 12, 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, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

Before SCHWAB, C.J., and FORT and BRANCHFIELD, Judges.

FORT, Judge.

The defendant was convicted of perjury and appeals, asserting error in receiving hearsay evidence in the form of admissions made by a codefendant, and in permitting a police officer to testify as to admissions made by the defendant before he was warned of the right to remain silent and to the assistance of counsel.

The defendant and one Vester were riding on a motorcycle which was involved in a collision in which it struck the right rear fender...

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