STATE v. McCOY


437 P.2d 734 (1968)

STATE of Oregon, Respondent, v. Jack Dwight McCoy, Appellant.

Supreme Court of Oregon. In Banc.

Decided February 21, 1968.


Attorney(s) appearing for the Case

George A. Haslett, Jr., Portland, argued the cause and filed a brief for appellant.

Jacob B. Tanzer, Deputy Dist. Atty., Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty.

Before McALLISTER, P.J., and SLOAN, O'CONNELL, GOODWIN, HOLMAN, LUSK and WOODRICH, JJ.


LUSK, Justice.

Defendant has appealed from a conviction of the crime of rape. The sole question is whether the trial court erred in denying defendant's motion to suppress incriminating evidence found by the police in defendant's automobile. Search of the automobile and seizure of the evidence were without a warrant and, defendant contends, violated his rights under the Fourth Amendment.

The prosecutrix is a Cuban refugee who was living in Portland at the time...

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