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STATE v. PHILPOTT

577 P.2d 96 (1978)

STATE of Oregon, Respondent, v. Robert Roland PHILPOTT, Appellant.

Court of Appeals of Oregon.

Argued and Submitted March 21, 1978.

Attorney(s) appearing for the Case

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

William F. Nessly, Jr., 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, TANZER and BUTTLER, JJ.

BUTTLER, Judge.

Defendant appeals his conviction for burglary in the first degree, assigning as error the denial of his pre-trial motion to suppress evidence, and the giving of a jury instruction based upon ORS 17.250(6) and (7),1 to which he made timely objection.

At approximately midnight, Officer Shaw, a Vale police officer, was driving to work when he observed a person step from an area of picnic benches on the Dairy Queen...

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