STATE v. MORRIS


574 P.2d 350 (1978)

32 Or.App. 457

The STATE of Oregon, Appellant, v. Tommie Joe MORRIS, Respondent.

Court of Appeals of Oregon.

Decided February 7, 1978.


Attorney(s) appearing for the Case

Darryl L. Larson, Asst. Dist. Atty., Eugene, argued the cause for appellant. With him on the brief were J. Pat Horton, Dist. Atty. for Lane County, and David M. Nissman, Certified Law Student, Eugene.

Edward Monks, Eugene, argued the cause for respondent. On the brief were Kenneth A. Morrow, and Morrow & McCrea, P.C., Eugene.

Before SCHWAB, C.J., and THORNTON and JOSEPH, JJ.


JOSEPH, Judge.

The state appeals from an order suppressing defendant's confessions as having been given involuntarily and without a knowing and voluntary waiver of Miranda rights.

Defendant was shot during a late evening burglary and was taken to a hospital for treatment of his injured elbow. His companion was also wounded and died in the emergency room. After surgery, defendant slept intermittently; throughout the night he was given various medications...

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