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STATE v. MAXFIELD

472 P.2d 845 (1970)

STATE of Oregon, Respondent, v. Charles L. MAXFIELD, Appellant.

Court of Appeals of Oregon, Department 2.

Decided July 23, 1970.

Rehearing Denied September 8, 1970.

Review Denied October 6, 1970.

Attorney(s) appearing for the Case

Kenneth C. Hadley, 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 Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

FORT, Judge.

Defendant was convicted by a jury of the crime of burglary. He appeals and asserts two errors. The first is that his conviction by a jury verdict of ten to two violates the Sixth Amendment. State v. Gann, Or., 89 Adv.Sh. 853, 463 P.2d 570 (1969), holds otherwise.

The second assignment is based on the denial by the trial court of his motion to suppress certain evidence which was seized by police as the result of...

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