STATE v. MATHIASON


539 P.2d 1122 (1975)

STATE of Oregon, Respondent, v. Carl Ray MATHIASON, Appellant.

Court of Appeals of Oregon.

Decided September 10, 1975.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

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

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


SCHWAB, Chief Judge.

Defendant, having been convicted of burglary in the first degree, contends that the court erred in overruling defendant's motion to suppress his statements to the police because his original admission was the result of custodial interrogation not preceded by advice of his Miranda rights. We find no error.

Defendant came voluntarily to the police station at the request of the state trooper. He was free to leave at any time. The mere...

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