# State v. Brewton

> Oregon Supreme Court · October 21, 1964 · 238 Or. 590

URL: https://www.frixlaw.com/law-library/cases/9794917

## Case

- **Full name:** State of Oregon v. Brewton
- **Court:** Oregon Supreme Court
- **Decided:** October 21, 1964
- **Citations:** 238 Or. 590; 395 P.2d 874; 1964 Ore. LEXIS 474
- **Precedential status:** Published
- **Opinion:** Concurrence by O'Connell
- **Judges:** McAllister, Rossman, Perry, Sloan, O'Connell, Goodwin, Denecke
- **Cited by:** 74 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9794917

## Opinion text

O’CONNELL, J.,
specially concurring.
I concur. I would add only that in my opinion the confession should not he submitted to the jury unless the trial judge is convinced beyond a reasonable doubt that it was voluntarily made. I believe that the jury should also be instructed to the same effect. See Bram v. United States, 168 US 532 , 18 S Ct 183 , 42 L Ed 568 (1897); Johnson v. State, 107 Miss 196, 65 So 218 (1914); Ellis v. The State, 65 Miss 44, 3 So 188 (1887).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9794917. Public record. Not legal advice.