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STATE v. AUSTIN

465 P.2d 256 (1970)

STATE of Oregon, Respondent, v. Augusta Junior AUSTIN, Appellant.

Court of Appeals of Oregon, Department 2.

Decided February 5, 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.

Jim G. Russell, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.

FOLEY, Judge.

Defendant was found guilty by a jury of attempted burglary. He appeals claiming violation of his constitutional right against self-incrimination.

Defendant was arrested near the scene of a reported burglary. He was twice given the Miranda warnings (Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974 (1966)), and he declined to say anything. Five or ten minutes later, after defendant...

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