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STATE v. HOWELL

238 Or. 251 (1964)

393 P.2d 158

STATE OF OREGON v. HOWELL

Supreme Court of Oregon.

Reversed and remanded June 17, 1964.

Petition for rehearing denied September 9, 1964.

Attorney(s) appearing for the Case

Oscar D. Howlett, Portland, argued the cause and filed briefs for appellant.

Patrick D. Gilroy, Deputy District Attorney, Oregon City, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.

REVERSED.

SLOAN, J.

Defendant was convicted, by a jury, of the crime of larceny by embezzlement. He appeals. He claims that evidence used against him was obtained by an unlawful search and seizure.

Defendant had been employed as a bartender at a Pinafore Restaurant in Oswego. A custodian arrived to clean the restaurant at about 5:30 a.m. on January 22, 1963. The custodian found that a window had been broken in, the interior of the place had been ransacked...

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