STATE v. MILLER


524 P.2d 1399 (1974)

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

Supreme Court of Oregon, In Banc.

Decided August 1, 1974.


Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for petitioner. 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.


TONGUE, Justice.

Defendant has appealed from convictions for armed robbery of a drug store and for being an ex-convict in possession of a hand gun. He contends that the trial court erred in failing to grant a hearing on his motion to suppress evidence. The principal ground stated in that motion, and in a supporting affidavit and brief, was that the search was made without a warrant and was thus "per se unreasonable."1 It later developed...

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