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STATE v. HENRY

No. 77-165C; CA 10302, No. 78-1762; CA 11461.

594 P.2d 436 (1979)

40 Or.App. 129

STATE of Oregon, Appellant-Cross-Respondent, v. DeWitt Charles HENRY, Respondent-Cross-Appellant. State of Oregon, Respondent, v. Charles Leroy Haynes, Appellant.

Court of Appeals of Oregon, In Banc.

Argued and Submitted January 16, 1979.

Decided May 7, 1979.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant-cross-respondent. With him on the briefs were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Enver Bozgoz, Klamath Falls, argued the cause for respondent-cross-appellant. With him on the briefs was Sam A. McKeen, Klamath Falls.

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Brian R. Barnes, Asst. Dist. Atty., Eugene, argued the cause for respondent. With him on the brief was J. Pat Horton, Dist. Atty., Eugene.

PER CURIAM.

These two homicide cases, consolidated on our own motion after argument for consideration by the full court, share a common legal issue of profound importance. The issue may be stated thusly:

Where a criminal defendant, properly advised of his rights to remain silent and to counsel as required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974 (1966), waives those rights and...

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