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STATE v. RATER

453 P.2d 680 (1969)

STATE of Oregon, Respondent, v. Ollie Henry RATER, Appellant.

Supreme Court of Oregon. In Banc.

Decided April 23, 1969.

Attorney(s) appearing for the Case

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

Gregory E. Milnes, Chief Deputy Dist. Atty., Hillsboro, argued the cause for respondent. With him on the brief was Richard Smurthwaite, Dist. Atty., Hillsboro.

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

SLOAN, Justice.

Defendant was convicted of burglarizing a tavern in Washington county and appeals. The following facts present the issue on appeal:

In the early morning of December 24, 1967, defendant was observed by two patroling Tigard police officers on an overpass on State Highway 217 somewhere near Tigard. When the officers saw defendant at this point and at that time they had no reason to suspect him of any offense or of any misconduct. However, they...

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