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STATE v. FOSTER

CA 11775; SC 26368

607 P.2d 173 (1980)

288 Or. 649

STATE of Oregon, Respondent, v. Dell Kenneth FOSTER, Jr., Petitioner.

Supreme Court of Oregon, In Banc.

Decided March 4, 1980.

Attorney(s) appearing for the Case

David L. Slader, Portland, argued the cause and filed briefs for petitioner.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Catherine Allan, Asst. Atty. Gen., Salem.

HOWELL, Justice.

The issue in this criminal appeal is whether the defendant's waiver of his right to have an attorney present during custodial interrogation was voluntarily made.

Defendant was arrested at his residence on April 10, 1978 at 11:15 p.m. The arresting officers charged him with kidnapping in the first degree and extortion and advised defendant of his Miranda rights.1

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