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STATE v. WHITEWATER

445 P.2d 594 (1968)

STATE of Oregon, Respondents, v. Floyd Wayne WHITEWATER, Appellant.

Supreme Court of Oregon. In Banc.

Decided October 2, 1968.

Attorney(s) appearing for the Case

Gordon L. Macpherson, Toledo, argued the cause and filed a brief for appellant.

A.R. McMullen, Dist. Atty., Newport, argued the cause and filed a brief for respondent.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

PERRY, Chief Justice.

The defendant Floyd Wayne Whitewater was convicted of the crime of burglary not in a dwelling and appeals.

The facts are that on July 24, 1966, at approximately 2:30 in the morning, the defendant was arrested in the city of Newport. Two warrants had been issued for the defendant charging him with operating a motor vehicle while his driver's license was suspended. He was observed this July morning again operating a motor vehicle and when...

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