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STATE v. MILLER

No. C82-08-36632; CA A27112.

680 P.2d 676 (1984)

67 Or.App. 637

STATE of Oregon, Respondent, v. Jerry Lee MILLER, Appellant.

Court of Appeals of Oregon, In Banc.

Decided April 11, 1984.

Resubmitted December 1, 1983.

Attorney(s) appearing for the Case

Stephen A. Houze, Portland, argued the cause and filed the brief for appellant.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Resubmitted In Banc December 1, 1983.

VAN HOOMISSEN, Judge.

Defendant appeals his conviction for manslaughter in the first degree. ORS 163.118. The case was tried to the court on stipulated facts following the partial denial of defendant's pretrial motion to suppress evidence. The issue is whether the trial court erred in denying part of defendant's motion. We affirm.

Shortly before midnight on August 6, 1982...

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