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STATE v. SHEEHAN

No. C 78-09-15670; CA 12801.

600 P.2d 971 (1979)

42 Or.App. 607

STATE of Oregon, Respondent, v. Karl Jose SHEEHAN, Appellant.

Court of Appeals of Oregon.

Decided October 8, 1979.

Attorney(s) appearing for the Case

Marianne O. Bottini, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

James M. Brown, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE, GILLETTE and CAMPBELL, JJ.

CAMPBELL, Judge.

Defendant appeals his conviction of burglary in the second degree, ORS 164.215, robbery in the third degree, ORS 164.395, and assault in the fourth degree, ORS 163.160. The sole issue we address is the admissibility of inculpatory statements made during an interview prior to a polygraph examination.1 We reverse and remand.

Prior to trial defendant agreed to submit to a polygraph examination to be administered by...

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