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STATE v. CAPWELL

No. 136,657; A27187.

669 P.2d 808 (1983)

64 Or.App. 710

STATE of Oregon, Appellant, v. Gary Weston CAPWELL, Respondent.

Court of Appeals of Oregon.

Decided September 28, 1983.

Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Carla D. Thompson, Salem, argued the cause and filed the brief for respondent. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and NEWMAN, J.

NEWMAN, Judge.

Defendant was indicted for sexual abuse in the first degree. ORS 163.425. Prior to trial, he moved to suppress a confession he made at the time of his arrest on the ground that it was made involuntarily. After a hearing, the trial court granted defendant's motion. The state appeals under ORS 138.060(3). We affirm.

On September 9, 1982, at approximately 9:30 a.m., State Troopers Reed and Glover went to defendant's home to investigate a charge...

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