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STATE v. BROWN

444 P.2d 957 (1968)

STATE of Oregon, Respondent, v. Samuel Morris BROWN, Appellant.

Supreme Court of Oregon, In Banc.

Decided September 5, 1968.

Attorney(s) appearing for the Case

George A. Haslett, Jr., Portland, argued the cause and filed a brief for appellant.

Jacob B. Tanzer, Asst. Chief Deputy Dist. Atty., Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

DENECKE, Justice.

The defendant was found guilty of burglary not in a dwelling, and appeals.

The defendant was arrested without warrant in Lake Oswego, early in the morning of August 18. The arresting officer had probable cause to believe that the defendant had stolen electrical wire from a Lake Oswego shop earlier in the morning. After the arrest the officer searched the defendant and in his coverall pocket found a pair of wire cutters which the officer seized...

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