STATE v. KEIPER


493 P.2d 750 (1972)

STATE of Oregon, Respondent, v. Randolph Daniel KEIPER, Appellant. State of Oregon, Respondent, v. Wallace Lee Moody, Appellant.

Court of Appeals of Oregon, Department 2.

Decided February 10, 1972.

Rehearing Denied March 7, 1972.

Review Denied April 18, 1972.


Attorney(s) appearing for the Case

F.E. Glenn, Deputy Public Defender, Salem, argued the cause for appellants. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Robert E. Brasch, Dist. Atty., Coquille, argued the cause for respondent. With him on the brief was Richard L. Barron, Asst. Dist. Atty., Coquille.

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


FORT, Judge.

Defendants were jointly indicted for the first degree murder by drowning of Sarah E. Smith. They were tried separately. The jury in each case found the defendant therein guilty of second degree murder. Each has appealed from the resulting judgment. By agreement the appeals were consolidated, both for briefing and for argument. There are three identical assignments of error, namely: admission of a post-polygraph confession, denial of motion for judgment...

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