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STATE v. BARGER

No. 76-2339; CA 12571.

603 P.2d 1240 (1979)

43 Or.App. 659

STATE of Oregon, Respondent, v. John Wesley BARGER, Appellant.

Court of Appeals of Oregon.

Decided December 10, 1979.

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.

Michael J. Francis, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.

ROBERTS, Judge.

Defendant appeals from his conviction for the crime of Ex-Convict in Possession of a Firearm, ORS 166.270. We affirm.

Defendant first assigns as error the denial by the trial court of his motion to suppress a gun found by police in the house where he was arrested. Defendant's motion to suppress was based upon several theories, but only that of consent to search was argued at the motion hearing or raised on appeal. The motion stated in relevant...

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