STATE v. GOUDE

No. 78 5975; CA 14563.

620 P.2d 957 (1980)

49 Or.App. 721

STATE of Oregon, Respondent, v. Charles Douglas GOUDE, Appellant.

Court of Appeals of Oregon.

Decided December 8, 1980.

Reconsideration Denied January 29, 1981.

Review Denied March 17, 1981.


Attorney(s) appearing for the Case

William G. Kelley, Public Defender Services of Lane County, Inc., Eugene, argued the cause and filed the brief for appellant.

John C. Bradley, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

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


CAMPBELL, Judge.

Defendant was convicted, after trial by jury, of theft in the first degree. ORS 164.055. On appeal, he assigns as error the trial court's denial of his motion to suppress evidence. We reverse and remand for new trial.

On September 11, 1978, Michael Carrothers, whose car had been stolen a year earlier, notified Detective Delvin Peer of the Eugene Police Department that he, Carrothers, had possibly located a car which was either his old car...

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