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STATE v. JOHNSON

No. 18-352; CA No. 9918.

586 P.2d 811 (1978)

37 Or.App. 209

STATE of Oregon, Respondent, v. Rodney Joe JOHNSON, Appellant.

Court of Appeals of Oregon.

Decided November 21, 1978.

Attorney(s) appearing for the Case

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Gregory A. Parker, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

RICHARDSON, Judge.

Defendant appeals his conviction of rape in the first degree, ORS 163.375. The sole issue is whether defendant's statements made while in custody should have been suppressed. We reverse.

On August 27, 1977, the rape victim told the police she had been hitchhiking and was picked up by a man and subsequently raped. She gave a detailed description of the rapist and of the incident. Two days later,...

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