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STATE v. PAUL

No. 37629; CA 19760.

630 P.2d 395 (1981)

52 Or.App. 1017

STATE of Oregon, Appellant, v. Lawrence PAUL, Respondent.

Court of Appeals of Oregon.

Decided June 29, 1981.

Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Marilyn C. McManus, Deputy Public Defender, Salem, argued the cause for respondent. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.

ROBERTS, Judge.

Defendant was charged with burglary in the first degree. ORS 164.225. Before trial defendant made a motion to suppress a confession made to police following his arrest on the ground that it was given without a knowing and voluntary waiver of his right to remain silent. His affidavit in support of the motion stated that because of intoxication defendant had no recollection of confessing to the crime. The trial court granted the motion, holding that...

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