STATE v. COCHRANE

No. 37949; CA A20630.

634 P.2d 273 (1981)

54 Or.App. 188

STATE of Oregon, Respondent, v. Barry Dean COCHRANE, Appellant.

Court of Appeals of Oregon.

Decided October 5, 1981.


Attorney(s) appearing for the Case

David A. Hilgemann, Salem, argued the cause for appellant. With him on the brief was Schlegel, Milbank, Wheeler, Jarman & Hilgemann, Salem.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

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


GILLETTE, Presiding Judge.

This is a criminal case in which defendant was convicted of Theft in the Second Degree. On appeal, his sole assignment of error is the denial of his motion to suppress evidence seized from his house pursuant to a warrant which was executed after 10 p.m. but which contained no endorsement authorizing nighttime service. We affirm.

Defendant claims that the service of a warrant without a nighttime service endorsement in violation of...

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