STATE v. PAZ


572 P.2d 1036 (1977)

31 Or.App. 851

STATE of Oregon, Appellant, v. Federico PAZ, Respondent.

Court of Appeals of Oregon, In Banc.

Decided December 5, 1977.


Attorney(s) appearing for the Case

Robert C. Gorham, Asst. Dist. Atty., and David M. Nissman, Certified Law Student, Eugene, argued the cause for appellant. With them on the brief was J. Pat Horton, Dist. Atty., Eugene.

Donald D. Diment, Jr., Eugene, argued the cause for respondent. With him on the brief were Jack A. Billings, and Diment, Jagger & Billings, Eugene.


SCHWAB, Chief Judge.

The state appeals from an order suppressing inculpatory statements made by the defendant. It contests the findings that (1) the defendant was "in custody" when he initially confessed to the police; (2) the defendant should not have been questioned after he requested an attorney; and (3) the defendant's incriminating telephone conversation with his family was the "fruit" of his illegally obtained initial confession.

FACTS OF THE CASE<...

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