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STATE v. MARSHALL

474 P.2d 787 (1970)

STATE of Oregon, Respondent, v. Robert Joseph MARSHALL, Appellant.

Court of Appeals of Oregon, Department 1.

Decided October 2, 1970.

Attorney(s) appearing for the Case

Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Jacob B. Tanzer, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.

SCHWAB, Chief Judge.

Upon trial by jury the defendant was convicted of Burglary Not in a Dwelling. ORS 164.240. On appeal he contends that the circuit court erred in admitting into evidence a loaded pistol found in the vicinity of the burglary, because it was not connected to the crime for which the defendant was tried.

At approximately 2:30 a.m. on the morning of June 17, 1969, a police officer heard noise coming from the direction of a market. The officer...

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