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STATE v. WOLFE

TC C81-02-31165; CA A22248; SC 29369, TC C81-02-31261; CA A22389; SC 29369.

669 P.2d 320 (1983)

295 Or. 567

STATE of Oregon, Petitioner On Review, v. Randy Ray WOLFE, Respondent On Review. State of Oregon, Petitioner On Review, v. Randy Ray Wolfe, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided September 7, 1983.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., argued the cause and filed the brief for the petitioner on review. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause and filed the brief for the respondent on review. With him on the brief was Gary D. Babcock, Public Defender.

CAMPBELL, Justice.

These two cases were consolidated for the first time on the petition for review. Defendant was convicted of rape and kidnapping in one case and robbery and kidnapping in the other case. He appealed, contending that because he answered questions before the police officer gave him the necessary Miranda1 warnings, the evidence found as a result of the consent he gave to search following this questioning should be...

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