STATE v. DOWNES


572 P.2d 1326 (1977)

31 Or.App. 879

STATE of Oregon, Respondent, v. Arthur Robert DOWNES, Aka Lawrence Downes, Appellant.

Court of Appeals of Oregon.

Decided December 5, 1977.


Attorney(s) appearing for the Case

Douglas A. Brown, Eugene, argued the cause for appellant. With him on the brief was Husband, Johnson & Fechtel, Eugene.

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and BUTTLER, JJ.


SCHWAB, Chief Judge.

Defendant was convicted upon trial to the court without a jury of theft in the second degree, a misdemeanor, ORS 164.045. The trial court sentenced the defendant to one year in county jail, but suspended the sentence for a period of four years, providing the defendant obeyed various conditions placed upon the suspension. The defendant appeals.

First, the defendant argues that the trial court erred in denying his motion to suppress a stolen...

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