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STATE v. MATHIASON

549 P.2d 673 (1976)

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

Supreme Court of Oregon, In Banc.

Decided May 13, 1976.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause for petitioner. With him on the briefs was Gary L. Hooper, Salem.

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.

DENECKE, Justice.

The issue is whether defendant's confession was admissible. He initially confessed before he was given his Miranda rights. The state contends the confession was not obtained by "custodial interrogation." The trial court admitted evidence of the confession. The Court of Appeals affirmed. 22 Or.App. 494, 539 P.2d 1122 (1975). We granted defendant's petition for review.

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