STATE v. STRACHAN

No. J80-3218; CA A23723.

654 P.2d 1151 (1982)

60 Or.App. 513

STATE of Oregon, Appellant, v. Michael Herrington STRACHAN, Respondent.

Court of Appeals of Oregon.

Decided December 8, 1982.


Attorney(s) appearing for the Case

Robert C. Millikan, Douglas County Deputy Dist. Atty., Roseburg, argued the cause for appellant. With him on the brief was R.E. Barton, Asst. Atty. Gen., Salem.

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

The state appeals from a pretrial order suppressing from use in rebuttal statements defendant made to a polygraph examiner during a "pretest interview" conducted before he was to be administered a polygraph test. The state argues that, although not admissible in its case in chief, the statements could lawfully be used for impeachment purposes if defendant testified. We affirm.

Defendant was charged with attempted rape, attempted sodomy...

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