STATE v. CALDWELL


465 P.2d 489 (1970)

STATE of Oregon, Respondent, v. Eric Lee CALDWELL, Appellant.

Court of Appeals of Oregon, Department 2.

Decided February 19, 1970.

Rehearing Denied April 7, 1970.

Review Denied May 12, 1970.


Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, for appellant.

John B. Leahy, Dist. Atty., and Michael E. Murphy, Deputy Dist. Atty., Eugene, for respondent.

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


FOLEY, Judge.

Defendant was charged in 1963 under ORS 167.115 with leaving his wife in a house of prostitution. At trial incriminating statements elicited by police interrogation were admitted and there was no evidence that defendant had been advised of his right to an attorney. He was convicted and was sentenced January 29, 1964. He appealed to the Oregon Supreme Court from an order denying his motion for a new trial and the appeal was dismissed on April 14, 1964...

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