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State v. Regan

484 P.2d 861, 5 Or. App. 491, 1971 Ore. App. LEXIS 860
CourtCourt of Appeals of Oregon
DecidedMay 6, 1971
StatusPublished
Cited by4 cases

This text of 484 P.2d 861 (State v. Regan) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Regan, 484 P.2d 861, 5 Or. App. 491, 1971 Ore. App. LEXIS 860 (Or. Ct. App. 1971).

Opinion

PER CURIAM.

Upon trial by jury, during the course of which her written pretrial confession was introduced into evidence over objection, defendant was convicted of second-degree murder. On appeal she asserts that the confession should not have been admitted because she was so intoxicated at the time she made the statement she could not freely and voluntarily waive her right to counsel and right to remain silent. She does not contend that she was not advised of these rights, but only that because of intoxication she could not understand the advice and act intelligently upon it. Eight witnesses testified that at the time she was advised of her rights she was rational, coherent and fully capable .of understanding them.

It is not our function to try a matter such as this de novo. See State v. Fisher, 5 Or App 483, 484 P2d 864, decided this date.

Affirmed.

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Related

State v. Bird
650 P.2d 949 (Court of Appeals of Oregon, 1982)
State v. Smith
492 P.2d 317 (Court of Appeals of Oregon, 1971)
State v. Raiford
488 P.2d 295 (Court of Appeals of Oregon, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
484 P.2d 861, 5 Or. App. 491, 1971 Ore. App. LEXIS 860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-regan-orctapp-1971.