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STATE v. HARBERTS

89-557; CA A64219.

820 P.2d 1366 (1991)

109 Or.App. 533

STATE of Oregon, Appellant, v. Scott Dean HARBERTS, Respondent.

Court of Appeals of Oregon.

Decided November 13, 1991.

Attorney(s) appearing for the Case

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Wm. Timothy Lyons, Oregon City, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

RICHARDSON, Presiding Judge.

The state appeals the suppression of defendant's statements during and after a polygraph test. ORS 138.060(3). We reverse and remand.

Defendant was charged with three counts of aggravated murder in the death of two-year old Kristina Hornych. The child had been beaten, raped and sodomized. The death was caused by head injuries. Defendant and the victim lived in the house of the victim's father. Defendant claims to have found the...

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