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STATE v. MEYERS

562 P.2d 1227 (1977)

29 Or.App. 217

STATE of Oregon, Respondent, v. Hensley David MEYERS, Jr., Appellant.

Court of Appeals of Oregon.

Decided April 20, 1977.

Attorney(s) appearing for the Case

Paul J. DeMuniz, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

James C. Rhodes, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

SCHWAB, Chief Judge.

Defendant appeals from his conviction for murder. ORS 163.115. The significant issues are whether the prosecution withheld exculpatory evidence, and whether the admission of evidence — now conceded by the state to have been illegally seized — constitutes reversible error.1

I

The day of the homicide three witnesses gave investigating officers written

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