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STATE v. SINGLETON

No. 76-2322; CA 10080.

591 P.2d 369 (1979)

39 Or.App. 9

STATE of Oregon, Respondent, v. Richard Lee SINGLETON, Appellant.

Court of Appeals of Oregon.

Decided March 5, 1979.

Attorney(s) appearing for the Case

Marianne Oswald, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Donald L. Paillette, 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., Salem.

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

SCHWAB, Chief Judge.

Defendant appeals his conviction of murder. He makes two assignments of error: (1) the denial of his motion to suppress statements made by him and evidence obtained as a result of those statements; and (2) the trial court's refusal to give to the jury defendant's requested instructions on the crime of assault.

There is a conflict of evidence as to the facts surrounding the statements made by the defendant. Under Ball v. Gladden,

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