STATE v. SAGNER


525 P.2d 1073 (1974)

STATE of Oregon, Respondent, v. Max SAGNER, Jr., Appellant.

Court of Appeals of Oregon.

Decided August 26, 1974.


Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed the briefs for appellant.

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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


LANGTRY, Judge.

This appeal is from conviction of Max Sagner for theft in the first degree. ORS 164.055. The case was previously tried with Max Sagner and his wife, Rita Sagner, being joined as defendants. They were convicted and on appeal this court reversed, holding that the search warrant upon which much of the evidence used in the convictions was obtained was in large part invalid. For that reason in that case we stated we did not reach the question of whether...

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