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STATE v. ELK

439 P.2d 1011 (1968)

STATE of Oregon, Respondent, v. Francis Levi ELK, Appellant.

Supreme Court of Oregon, In Banc.

Decided April 24, 1968.

Attorney(s) appearing for the Case

Gary D. Babcock, Deputy Public Defender, Salem, argued the cause and filed the brief, for appellant.

Arthur R. Barrows, Deputy Dist. Atty., Pendleton, argued the cause and filed the brief, for respondent.

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

Argued and Submitted at Pendleton November 1, 1967.

WOODRICH, Justice pro tem.

Defendant was convicted of burglary not in a dwelling. He assigns as error the trial court's denial of his pre-trial motion to suppress certain evidence allegedly obtained by an illegal search and seizure.

On Sunday, September 25, 1966, the Pendleton sheriff's office and the Oregon State Police learned of the theft of a shot gun from a pickup truck parked on a reservation...

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