Opinion
Submitted November 16, 1965
Affirmed December 31, 1965
Appeal from Circuit Court, Baker County.
LYLE R. WOLFF, Judge.
No appearance for respondent.
Thomas Carl Gage, in propria persona.
IN BANC
AFFIRMED.
Defendant was convicted of larceny by trick. He appeals. The facts are almost identical to those recited in State v. Thompson, 1965, 240 Or. 468, 402 P.2d 243.
Defendant obtained an automobile from a dealer in Baker by giving the dealer a bad check. He left the state and was apprehended in Kansas. He was returned to Oregon by the sheriff of Baker county. During the trip, by car, defendant made some admissions to the sheriff. The sheriff was permitted to testify as to the admissions. On this appeal defendant claims he was not advised of his constitutional rights before he made the admissions.
Prior to permitting the sheriff to testify the court conducted an extensive in camera hearing. The uncontradicted evidence was that the sheriff had fully informed defendant as to his right to remain silent and to have an attorney. The court made specific findings to that effect and that the statements were voluntarily made. The evidence sustains the findings. State v. Dayton, decided December 22, 1965, 242 Or. 269, 409 P.2d 189.
We have examined defendant's other claims of error and find them to be without merit. The trial was conducted with every respect for defendant's rights. Judgment affirmed.