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STATE v. FRAILEY

485 P.2d 1126 (1971)

STATE of Oregon, Respondent, v. Dennis FRAILEY and Gale R. Lewallen, Appellants.

Court of Appeals of Oregon, Department 2.

Decided June 10, 1971.

Rehearing Denied June 29, 1971.

Review Denied August 10, 1971.

Attorney(s) appearing for the Case

Melvin L. Walter, Ontario, argued the cause for appellants. With him on the brief were Taggart & Walter, Ontario.

Jacob B. Tanzer, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

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

SCHWAB, Chief Judge.

Defendants were convicted of entering a motor vehicle with intent to steal in violation of ORS 164.330. On appeal they contend that the arrest of Lewallen was without probable cause and that for this reason physical evidence seized from Lewallen and statements subsequently made by both defendants were inadmissible. This contention has no merit.

Officer Thode and Sergeant Willis of the Ontario...

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