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STATE v. MENDACINO

TC C 77-11-15807, CA 10296, SC 26046.

603 P.2d 1376 (1979)

STATE of Oregon, Respondent, v. Phyll MENDACINO, Aka Joe Feathercrow, Petitioner.

Supreme Court of Oregon, In Banc.

Decided December 18, 1979.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief were Gary D. Babcock, Public Defender, and B. David Thomas, Certified Law Student.

Thomas H. Denney, 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.

LENT, Justice.

The issue presented in this criminal case is whether a confession made by the defendant to a psychiatrist prior to arraignment should have been suppressed by the trial court.

On the night of Thursday, November 3, 1977, the defendant was present at the apartment where the six year old child of the defendant's girl friend had been murdered. He was questioned at the scene by the police and at about 11 p.m. he was

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