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STATE v. WALDEN

515 P.2d 407 (1973)

STATE of Oregon, Respondent, v. Harry Earl WALDEN, Appellant.

Court of Appeals of Oregon.

Decided November 5, 1973.

Attorney(s) appearing for the Case

John K. Hoover, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

LANGTRY, Judge.

Defendant appeals from conviction of burglary in the second degree. ORS 164.215. His sole assignment of error is that his motion to suppress evidence should have been sustained.

Defendant, one of three occupants in a bluish-colored 1965 Ford, was arrested by a police officer about two miles south of Cloverdale in Tillamook County in the before-dawn hours of November 10, 1972. Shortly before that, a householder near a drugstore in Cloverdale...

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