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STATE v. HAYNES

233 Or. 292 (1962)

377 P.2d 166

STATE OF OREGON v. HAYNES

Supreme Court of Oregon.

Affirmed December 31, 1962.

Petition for rehearing denied January 29, 1963.

Attorney(s) appearing for the Case

Thomas J. Curran, Portland, argued the cause and filed a brief for appellant.

David Robinson, Jr., Deputy District Attorney for Multnomah County, argued the cause for respondent. On the brief were Charles E. Raymond, District Attorney, and Glenn A. Geurts, Chief Criminal Deputy, of Multnomah County, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and LUSK, Justices.

AFFIRMED.

PERRY, J.

The defendant was indicted, tried and convicted of burglary. From the judgment of conviction, he appeals.

The defendant's sole assignment of error is based upon the defendant's contention that prior to his arrest on the present charge, he was arrested in his home on a warrant issued out of the Municipal Court for a misdemeanor, charging a violation of the city's curfew ordinance, and at this time there was seized a pair of

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