STATE v. BROTHERS


478 P.2d 442 (1970)

STATE of Oregon, Respondent, v. Gary Lynn BROTHERS, Appellant.

Court of Appeals of Oregon, Department 2.

Decided December 23, 1970.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

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


SCHWAB, Chief Judge.

Defendant was charged with the crime of Second Degree Murder. Upon trial by jury, he was found guilty of involuntary manslaughter and was placed on probation for a period of five years.

Defendant's sole assignment of error on appeal is that the trial court erred in denying his motion to suppress evidence which defendant claims is the fruit of an illegal search.

On the night of August 28...

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