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STATE v. HAND

558 P.2d 353 (1976)

27 Or.App. 887

STATE of Oregon, Appellant, v. Lloyd HAND, Respondent.

Court of Appeals of Oregon.

Decided December 27, 1976.

Attorney(s) appearing for the Case

Kevin L. Mannix, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before SCHWAB, C.J., and LEE and RICHARDSON, JJ.

LEE, Judge.

The state appeals from a pretrial order of the circuit court suppressing evidence. ORS 138.060(3).

There is no dispute about the relevant facts of this case. On December 30, 1975 at approximately 4 a.m., four automobile tires were stolen from an unattended service station located off Interstate Highway 5, near a Kraft Company paper plant, in the vicinity of Albany, Oregon. The owner of the station described the missing tires to the investigating...

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