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STATE v. DOUGLAS

481 P.2d 653 (1971)

STATE of Oregon, Respondent, v. Gary LeRoy DOUGLAS, Appellant.

Court of Appeals of Oregon, Department 1.

Decided March 5, 1971.

Attorney(s) appearing for the Case

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

Rhidian M.M. Morgan, Staff Atty., 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 LANGTRY and FORT, JJ.

LANGTRY, Judge.

Defendant appeals from conviction of burglary. ORS 164.240. Two errors are assigned: (1) that a motion should have been allowed to suppress the seized contents of defendant's suitcase, and (2) the instruction allowing conviction on a 10 to 2 verdict was error.

It is necessary to relate complicated facts in order to explain our decision on the first assignment.

At 1:30 a.m., February 15, 1970, the city marshal of Hines, Oregon (population...

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