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STATE v. GAFFNEY

No. DA141770; CA 10820.

583 P.2d 582 (1978)

The STATE of Oregon, Appellant, v. Craig Michael GAFFNEY, Respondent.

Court of Appeals of Oregon.

Decided September 6, 1978.

Attorney(s) appearing for the Case

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Gregory L. Hawkes, Portland, argued the cause and filed the brief for respondent.

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

JOSEPH, Judge.

The trial court entered an order suppressing evidence on the ground that defendant was illegally stopped by police officers and dismissed harassment (ORS 166.065(1)(a))1 and criminal mischief (ORS 164.354(1)(b))2 charges which arose out of defendant's actions after the stop. The state appeals.

Defendant allegedly shoved one of the officers with his hands and fists when the officer attempted...

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