State v. Regan

May 6, 1971
Reporters:
, ,
Before:
Langtry
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.