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STATE v. FERRELL

No. 35151; CA 12399.

596 P.2d 1011 (1979)

41 Or.App. 51

STATE of Oregon, Respondent, v. Keithal Olin FERRELL, Appellant.

Court of Appeals of Oregon.

Decided July 2, 1979.

Attorney(s) appearing for the Case

Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Melinda L. Bruce, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

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

BUTTLER, Judge.

Defendant appeals his conviction of the felony, driving while his license to do so was suspended, contending that an incriminating statement he made immediately after being stopped by the police officer should have been excluded from evidence because, he contends, he was in custody and no Miranda1 warnings were given. We affirm.

Defendant and his friend, Terry Lee, were seen outside a tavern in Amity by an...

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