STATE v. DARRIEN


497 P.2d 1204 (1972)

STATE of Oregon, Appellant, v. Randall Murphy DARRIEN, Respondent.

Court of Appeals of Oregon, Department 1.

Decided June 15, 1972.


Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Solicitor Gen., Salem.

Lee M. Zittenfield, Portland, argued the cause for respondent. With him on the brief were Lekas, Dicey & Marandas, Portland.

Before LANGTRY, P.J., and FOLEY and FORT, JJ.


LANGTRY, Judge.

The state appeals from a trial court order suppressing evidence in a case charging the receiving and concealing of stolen property.

The essential facts are: Defendant was on probation from a former conviction and had in two respects violated the terms of his probation. His probation officer was searching for him in order to arrest for the violations. When he saw defendant and a woman companion alighting from a vehicle in a parking lot, he hailed...

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