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STATE v. TAGGART

512 P.2d 1359 (1973)

STATE of Oregon, Respondent, v. Michael Patrick TAGGART, Appellant.

Court of Appeals of Oregon.

Decided August 6, 1973.

Attorney(s) appearing for the Case

Robert C. Cannon, 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 John W. Osburn, Sol. Gen., Salem.

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

THORNTON, Judge.

Defendant was convicted after jury trial of assault and robbery while armed. Former 163.280.1 He appeals, contending that the trial court erred:

(1) In denying defendant's motion to suppress evidence seized as a result of police entry into his motel room on November 3, 1970, and a search of that room on November 4;

(2) In denying defendant's motion for a new trial based on newly discovered evidence;

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