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STATE v. NEUSCHWANDER

No. 85-3246; CA A37756.

720 P.2d 1337 (1986)

80 Or.App. 148

STATE of Oregon, Appellant, v. Mark A. NEUSCHWANDER, Respondent.

Court of Appeals of Oregon.

Decided June 18, 1986.

Attorney(s) appearing for the Case

Thomas H. Denney (argued), Asst. Atty. Gen., Salem, for appellant; with him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

J. Michael Alexander (argued), Salem, for respondent; with him on brief was Burt, Swanson, Lathen, Alexander & McCann, Salem.

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

PER CURIAM.

Defendant is charged with rape in the third degree. ORS 163.355. The state appeals from the trial court's order suppressing several statements. ORS 138.060(3). The trial court was correct only as to statements made to the police.

Defendant was a suspect and was not free to go at the time he made the statements, but the police failed to give him the Miranda warnings before questioning him. However, the trial court's order may be read as also...

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