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STATE v. RODERICK

243 Or. 105 (1966)

412 P.2d 17

STATE OF OREGON v. RODERICK

Supreme Court of Oregon.

Reversed and remanded March 9, 1966.

Attorney(s) appearing for the Case

Nathan J. Ail, Portland, argued the cause and filed a brief for appellant.

George M. Joseph, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN, DENECKE, HOLMAN and LUSK, Justices.

REVERSED AND REMANDED.

LUSK, J.

Defendant appeals from a judgment of conviction of assault and robbery, being armed with a dangerous weapon.

The principal question arises on the court's denial of defendant's motion to suppress the use as evidence of a.45-caliber pistol and clip taken from an automobile in the course of what is claimed to be an illegal search and seizure. No search warrant had been issued. The...

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