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STATE v. GIRARD

555 P.2d 445 (1976)

276 Or. 511

STATE of Oregon, Petitioner, v. John Stephen GIRARD, Respondent.

Supreme Court of Oregon, In Banc.

Decided October 21, 1976.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the briefs were Lee Johnson, Atty. Gen., and W. Michael Gillette, Solicitor Gen., Salem.

John Henry Hingson, III, Oregon City, argued the cause and filed briefs for respondent.

O'CONNELL, Justice.

This case is before us on a petition by the state for a review of the decision of the Court of Appeals in State v. Girard, 25 Or.App. 169, 548 P.2d 505 (1976).

The facts are fully set forth in that decision. They may be summarized as follows. Because defendant's truck was spotted in the vicinity of the McGahan residence at a time when it had been burglarized, police officers began an investigation...

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