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STATE v. KELL

10-83-01182; CA A28691.

712 P.2d 827 (1986)

77 Or.App. 199

STATE of Oregon, Respondent, v. Michael Dale KELL, Appellant.

Court of Appeals of Oregon.

Argued and Submitted August 29, 1984.

Attorney(s) appearing for the Case

David E. Groom, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

Defendant appeals his conviction for aggravated murder, ORS 163.095(2)(c), assigning as error the admission in evidence of two separate sets of his statements to the police: those taken after he had allegedly requested an attorney and others made after a second request for an attorney. The second set was ruled inadmissible in the state's case in chief but was admitted in rebuttal to impeach defendant's testimony. He further assigns as error...

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