State v. Atherton

This is an appeal from a conviction of violating ORS 163.280 (armed robbery). The only substantial issue is whether the defendant’s confession was admissible.

A tavern was robbed at gunpoint by two men. A short time later one man was found in an automobile which answered a description given by witnesses. The automobile was stopped by a police officer and the defendant Atherton was placed under arrest and taken to the city jail.

At the trial, during a hearing out of the presence of the jury as required under State v. Brewton, 238 Or 590, 603, 395 P2d 874 (1964), an officer testified:

“Well, I…