STATE v. OSBORN

85-04-1397-C; CA A36676.

728 P.2d 891 (1986)

STATE of Oregon, Appellant, v. Randy OSBORN, Respondent.

Court of Appeals of Oregon.

Decided November 19, 1986.

Reconsideration Denied January 16, 1987.


Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

John P. Daugirda, 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 defendant's statements to police officers and the evidence derived therefrom. The issue is whether the trial court erred in finding that the codefendant was an agent of the police when he obtained incriminating statements from defendant after defendant had invoked his right to remain silent and in suppressing the evidence. Because we conclude that there was evidence to support the trial...

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