State v. Williams

SCHWAB, C. J.,

specially concurring.

I concur with the majority opinion. However, in view of the fact that the state argues in this, as it has in other cases, that United States v. Edwards, 415 US 800, 94 S Ct 1234, 39 L Ed 2d 771 (1974), Gustaf*516son v. Florida, 414 US 260, 94 S Ct 488, 38 L Ed 2d 456 (1973), and United States v. Robinson, 414 US 218, 94 S Ct 467, 38 L Ed 2d 427 (1973), are contrary to State v. Florance, 15 Or App 118, 515 P2d 195 (1973), Snp Ct review allowed (1974), and are controlling, I think it advisable to discuss that issue.

The essence of our decision in Florance was that…