STATE v. McMURPHY

TC C79-02-30644; CA 15503; SC 27377.

635 P.2d 372 (1981)

291 Or. 782

STATE of Oregon, Petitioner, v. Larry Byron McMurphy, Respondent.

Supreme Court of Oregon.

Decided October 27, 1981.


Attorney(s) appearing for the Case

William F. Gary, Deputy Sol. Gen., Salem, argued the cause for petitioner. On the brief were James M. Brown, Atty. Gen., Walter L. Barrie, Sol. Gen., and Robert C. Cannon, Asst. Atty. Gen.

William Y. Sugahiro, Milwaukee, argued the cause and filed a brief for respondent.

Before DENECKE, C.J., and TONGUE, LENT, LINDE, PETERSON and TANZER, JJ.


LINDE, Justice.

Defendant appealed his conviction of drug and weapons offenses, claiming that the circuit court should have suppressed evidence obtained by police officers as a result of a warrantless entry into a home. The Court of Appeals held that there were no exigent circumstances for the warrantless entry and remanded the case for a new trial. The prosecution contended for the first time on appeal that defendant had not shown the unlawful entry to have been...

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