STATE v. TURNER


573 P.2d 326 (1978)

32 Or.App. 61

STATE of Oregon, Appellant, v. Robert Burch TURNER, Respondent.

Court of Appeals of Oregon.

Decided January 16, 1978.


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. On the brief were J. Pat Horton, Dist. Atty., Charles J. Wiseman and Peter H. Wells, Asst. Dist. Attys., Pendleton.

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

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


TANZER, Judge.

The state appeals an order of the circuit court suppressing evidence of two separate statements made by defendant to police while he was incarcerated in the Lane County Jail.1

On December 24, 1976, defendant was arrested and charged with murder. At that time, he was advised of his Miranda rights2 and, before being asked whether he understood those rights, he requested the assistance...

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