STATE v. CHILDERS


526 P.2d 446 (1974)

STATE of Oregon, Respondent, v. Dennis Lowry CHILDERS, Appellant.

Court of Appeals of Oregon.

Decided September 9, 1974.

Rehearing Denied October 22, 1974.

Review Denied November 19, 1974.


Attorney(s) appearing for the Case

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

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 is the second appeal from orders denying motions to suppress evidence for alleged illegal search for and seizure of narcotics in defendant's automobile. In each instance the appeal came after conviction. The first appeal was decided by this court in State v. Childers, 13 Or.App. 622, 511 P.2d 447, Sup.Ct. review denied (1973). The background facts reported in that case are adequate for our following discussion...

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