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STATE v. ELLETT

576 P.2d 839 (1978)

33 Or.App. 447

STATE of Oregon, Respondent, v. Matthew ELLETT, Appellant.

Court of Appeals of Oregon.

Decided April 3, 1978.

Attorney(s) appearing for the Case

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

Carol J. Molchior, Certified Law Student, Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

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

JOSEPH, Judge.

Defendant was charged with burglary in the first degree. ORS 164.225. He moved to quash his arrest and suppress evidence which was the "fruit" of the arrest.1 The circuit court denied the motion, and defendant was tried and convicted. He appeals, assigning as error the denial of the motion.

As he was returning home late one afternoon, the victim of the crime, noticed two young men running down an alley behind his...

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