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STATE v. KERR

No. B 57-314; CA 17736.

623 P.2d 676 (1981)

50 Or.App. 301

STATE of Oregon, Respondent, v. Fred Robert KERR, Appellant.

Court of Appeals of Oregon.

Decided February 3, 1981.

Reconsideration Denied March 12, 1981.

Review Denied April 7, 1981.

Attorney(s) appearing for the Case

David J. Philipps, Eugene, for petition.

On Appellant's Petition for Reconsideration January 6, 1981.

PER CURIAM.

Defendant's petition for reconsideration is granted and our former opinion, 619 P.2d 1355, is withdrawn. On the merits of defendant's appeal, we conclude that if defendant was in custody when the challenged statement was made it is nevertheless admissible because it was not the product of interrogation as defined in Rhode Island v. Innis,

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