STATE v. STACEY


523 P.2d 612 (1974)

STATE of Oregon, Appellant, v. David LeRoy STACEY, Respondent.

Court of Appeals of Oregon.

Decided June 17, 1974.

Rehearing Denied July 17, 1974.

Review Denied July 30, 1974.


Attorney(s) appearing for the Case

Timothy Wood, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

John K. Hoover, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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


SCHWAB, Chief Judge.

Defendant was indicted for theft in the first degree, ORS 164.055(1)(d). A motion to suppress evidence, a pistol, was allowed by the circuit court. The state appeals from the order of suppression.

The evidence introduced at the suppression hearing was that during the early morning hours of July 23, 1973, a deputy sheriff from the Multnomah County sheriff's office recieved a call on his radio about a possible theft from a vehicle. When...

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