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STATE v. FRINK

No. 40399; CA 12953.

600 P.2d 456 (1979)

42 Or.App. 171

STATE of Oregon, Respondent, v. Timothy Dennis FRINK, Appellant.

Court of Appeals of Oregon.

Decided September 17, 1979.

Attorney(s) appearing for the Case

James E. Mountain, Jr., 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. On the brief were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Stuart R. Chandler, Certified Law Student, Salem.

Before SCHWAB, C.J., and TANZER, RICHARDSON and ROBERTS, JJ.

RICHARDSON, Judge.

Defendant appeals his conviction for Burglary in the Second Degree, ORS 164.215, and contends that his motion to suppress evidence seized in the course of a warrantless search should been have allowed.

On August 31, 1978, the Newport Pharmacy was burglarized and a large quantity of prescription drugs was stolen. Defendant was a prime suspect. That day the State Police received an anonymous report that an individual named Tim was "shooting...

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