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STATE v. MILLER

521 P.2d 1330 (1974)

STATE of Oregon, Respondent, v. John Bowman MILLER, Appellant.

Court of Appeals of Oregon.

Decided May 6, 1974.

Rehearing Denied June 6, 1974.

Review Granted June 25, 1974.

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.

Timothy Wood, 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 FOLEY and THORNTON, JJ.

SCHWAB, Chief Judge.

After being charged with first degree robbery, ORS 164.415, and being an exconvict in possession of a concealable firearm, ORS 166.270, defendant moved to suppress evidence seized during a search of his person and automobile. The state moved for an order summarily denying the motion on the ground that the motion was vague and conclusory. The trial court agreed with the state and, without holding an evidentiary hearing on the motion, denied it...

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