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STATE v. HART

CC 85-1192; CA A50370; SC S36562.

791 P.2d 125 (1990)

309 Or. 646

STATE of Oregon, Petitioner On Review, v. Carl Edward HART, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided April 17, 1990.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petition were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Laura Graser, Portland, argued the cause for respondent on review.

JONES, Justice.

The issue is whether under OEC 4031 a defendant in a criminal trial is entitled to have certain statements excluded that he made to a police officer in a pre-polygraph test interview.

We take the facts from the Court of Appeals opinion. Defendant was charged with first degree rape. Prior to the indictment, Detective Stephenson came to defendant's place of business to investigate defendant's role in the alleged rape...

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