STATE v. KURTZ

No. C 78-08-12943; CA 14006.

612 P.2d 749 (1980)

46 Or.App. 617

STATE of Oregon, Appellant, Cross-Respondent, v. Claude Wesley KURTZ, Respondent, Cross-Appellant.

Court of Appeals of Oregon.

Decided June 16, 1980.


Attorney(s) appearing for the Case

Robert C. Cannon, Asst. Atty. Gen., Salem, argued the cause for appellant, cross-respondent. With him on the briefs were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

David L. Slader, Portland, argued the cause and filed the brief for respondent, cross-appellant.

Before SCHWAB, C.J., and JOSEPH, WARDEN and WARREN, JJ.


JOSEPH, Presiding Judge.

In a prosecution for possession of the controlled substance cocaine, the state appeals from an order suppressing evidence obtained in a patdown and search of defendant. On cross-appeal, defendant assigns as error the denial of his motions to suppress evidence resulting from a search of his daypack and to suppress statements made after an allegedly unlawful detention. Defendant also assigns as error the overruling of his demurrer to the indictment...

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