STATE v. RODERICK


243 Or. 438 (1966)

414 P.2d 351

STATE OF OREGON v. RODERICK

Supreme Court of Oregon.

Allowed May 13, 1966.


Attorney(s) appearing for the Case

George Van Hoomissen, District Attorney and George M. Joseph, Deputy District Attorney, Portland, for the motion.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN, DENECKE, HOLMAN and LUSK, Justices.


MOTION ALLOWED.

LUSK, J.

The state has filed a motion for clarification of the mandate.

1. Our purpose in remanding the case for further proceedings in conformity with the opinion of the court, was to order a new trial. The judgment of conviction was reversed because of the erroneous denial of defendant's motion to suppress as evidence a pistol taken in a search made pursuant to an arrest which, on the record then before us, we found to be illegal...

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