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STATE v. NICHOLSON

527 P.2d 140 (1974)

STATE of Oregon, Respondent, v. Robert Dean NICHOLSON, Appellant.

Court of Appeals of Oregon.

Decided October 14, 1974.

Rehearing Denied November 20, 1974.

Review Denied December 30, 1974.

Attorney(s) appearing for the Case

Paul J. De Muniz, certified law student, Willamette University, Salem, argued the cause for appellant. With him on the brief were Gary D. Babcock, Public Defender, and John K. Hoover, Deputy Public Defender, Salem.

Timothy Wood, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and TANZER, JJ.

THORNTON, Judge.

Defendant appeals from a conviction of manslaughter. ORS 163.125. In his only assignment of error defendant argues that the trial court erred in failing to suppress certain incriminating statements made by defendant during a custodial interrogation.

The central issue presented for our review is whether defendant made a request for the presence of counsel at the conclusion of his Miranda1 warnings.

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