STATE v. GAIRSON


484 P.2d 854 (1971)

STATE of Oregon, Respondent, v. William Olen GAIRSON, Appellant.

Court of Appeals of Oregon, Department 2.

Decided May 6, 1971.

Rehearing Denied June 8, 1971.

Review Denied July 14, 1971.


Attorney(s) appearing for the Case

Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, 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 FOLEY and THORNTON, JJ.


THORNTON, Judge.

In 1960 defendant was convicted by a jury of second degree murder of an 11-month-old infant. In November 1969 this court authorized defendant to file a belated notice of appeal.

On appeal, defendant contends that the trial court erred (1) in allowing into evidence statements made by him to police when he had not been warned of his right to remain silent and his right to counsel; (2) in not granting a mistrial because of alleged improper arguments...

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