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STATE v. BROCK

No. 35639; CA 17453.

633 P.2d 805 (1981)

53 Or.App. 785

STATE of Oregon, Respondent, v. Dale Lavonne BROCK, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted September 2, 1981.

Decided September 8, 1981.

Attorney(s) appearing for the Case

John S. Ransom, Portland, argued the cause for appellant. With him on the brief was Ransom, Rogers & Blackman, Portland.

Rudolph Westerband, Asst. Atty. Gen., argued the cause for respondent. On the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., William F. Gary, Deputy Sol. Gen., and Robert C. Cannon, Asst. Atty. Gen., Salem.

Resubmitted In Banc September 2, 1981.

RICHARDSON, Judge.

Defendant appeals from a judgment of conviction for theft in the first degree (ORS 164.055) entered following a jury verdict. He assigns as error the trial court's denial of his motion for judgment of acquittal on grounds of insufficient evidence, the failure of the court to give certain requested instructions and the denial of his motion to suppress evidence seized in a nighttime search of his residence...

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