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STATE v. PERRY

Nos. DA 142861, DA 142872; CA 11904.

591 P.2d 379 (1979)

39 Or.App. 37

STATE of Oregon, Appellant, v. Robert Lee PERRY, Respondent.

Court of Appeals of Oregon.

Decided March 5, 1979.

Attorney(s) appearing for the Case

W. Benny Won, 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.

Frank Noonan, Portland, argued the cause for respondent. With him on the brief was Winfree & Noonan, Portland.

Before SCHWAB, C.J., and THORNTON, LEE and GILLETTE, JJ.

THORNTON, Judge.

Defendant, a Washington resident traveling through this state, was charged in the District Court for Multnomah County with (1) Unlawful Possession of a Weapon in violation of state law, and (2) Carrying a Loaded Firearm in violation of a Portland city ordinance. Prior to trial, defendant moved to suppress the weapon on the ground that the seizure was unlawful. The trial judge granted the motion and the state appeals, assigning as error the granting...

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