STATE v. FITZGERALD

No. 17-641; CA 10072.

584 P.2d 785 (1978)

36 Or.App. 473

STATE of Oregon, Respondent, v. James Michael FITZGERALD, Appellant.

Court of Appeals of Oregon.

Decided October 2, 1978.


Attorney(s) appearing for the Case

Gary Hooper, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Melinda L. Bruce, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.


JOSEPH, Judge.

Defendant was convicted by a jury of burglary in the first degree, ORS 164.225. He contends that the court erred in denying his motion to suppress certain evidence.

On April 17, 1977, at approximately 1:30 a.m., the homeowner-victim's dog started barking. When she opened the door to let it out, the dog ran under a boat parked in her garage, and a man ran from behind the boat to the front of the garage. He struggled to raise the overhead garage...

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