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STATE v. BROWN

No. 78-4039; CA 13684.

606 P.2d 678 (1980)

44 Or.App. 597

STATE of Oregon, Respondent, v. Arnold Roy BROWN, Appellant.

Court of Appeals of Oregon.

Decided February 19, 1980.

Attorney(s) appearing for the Case

Thomas J. Crabtree, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief were Gary D. Babcock, Public Defender, and Jeffrey C. Grant, Certified Law Student, Salem.

Darryl L. Larson, Asst. Dist. Atty., Eugene, argued the cause for respondent. With him on the brief was J. Pat Horton, Dist. Atty., Eugene.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.

JOSEPH, Presiding Judge.

Defendant was convicted after trial by jury of burglary in the first degree. On appeal he assigns as errors: (1) refusal to suppress statements he made prior to Miranda warnings,1 (2) failure to give a requested jury instruction concerning definition of burglar's tools, (3) overruling an objection to appearance of a witness for the state without notice to defendant prior to trial and (4) denial of defendant...

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