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STATE v. BATTLE

Nos. C81-02-31049, C81-02-31050; CA A21842, A21843.

648 P.2d 411 (1982)

58 Or.App. 224

STATE of Oregon, Respondent, v. Michael Joe BATTLE, Appellant.

Court of Appeals of Oregon.

Decided July 21, 1982.

Attorney(s) appearing for the Case

John Daugirda, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, 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., JOSEPH, C.J., and YOUNG, J.

JOSEPH, Chief Judge.

Defendant appeals his convictions for burglary in the first degree and attempted burglary in the first degree. He claims that the trial court erred in denying his motion to suppress evidence found as a result of an allegedly illegal stop and frisk. He also claims that evidence seized after his arrest, the victim's out-of-court identification and his confession were the result of the illegal stop and frisk and should have been suppressed as "fruits...

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