STATE v. CLEVENGER

No. 10129; CA 10531.

585 P.2d 718 (1978)

36 Or.App. 695

STATE of Oregon, Appellant, v. Bruce Neil CLEVENGER, Respondent.

Court of Appeals of Oregon.

Decided October 30, 1978.


Attorney(s) appearing for the Case

William F. Nessly, Jr., 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.

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

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


TANZER, Judge.

The state appeals from a pre-trial order granting defendant's motion to suppress a pair of shoes seized in the defendant's home and statements subsequently made by the defendant. We hold that the shoes were lawfully seized and the statements not tainted thereby.

In the investigation of a burglary of a store in the city of Eastside, police observed tracks of ripple-soled athletic shoes in the mud leading to the point of the burglar's entry. The...

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