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STATE v. MILLER

No. C 80-04-31487; CA 18683.

634 P.2d 1361 (1981)

54 Or.App. 323

STATE of Oregon, Respondent, v. Norman Elmer MILLER, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted September 2, 1981.

Decided October 19, 1981.

Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Norman Elmer Miller filed an appellant's supplemental brief pro se.

Rudolph S. Westerband, 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.

Resubmitted In Banc September 2, 1981.

JOSEPH, Chief Judge.

Defendant was convicted on two counts of arson in the first degree and one count of criminal mischief in the first degree for bombing a public restroom. He appeals, assigning error to the trial court's failure to suppress evidence seized under a search warrant following his allegedly illegal arrest. He maintains that the arrest tainted the subsequent search warrant.

On April 22, 1980, the...

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