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STATE v. BOWCUTT

DA 218529-8108; CA A23902.

661 P.2d 565 (1983)

62 Or.App. 591

STATE of Oregon, Appellant, v. Arnold Ray BOWCUTT, Respondent.

Court of Appeals of Oregon.

Decided April 13, 1983.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Wayne Mackeson, Portland, argued the cause for respondent. On the brief was Des Connall, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Defendant was charged with unlawful possession of a weapon in violation of ORS 166.250. He moved to suppress evidence of the weapon and his statements concerning it. After a hearing, the trial court granted defendant's motion and dismissed the complaint. The state appeals, and we reverse and remand.

The undisputed facts are derived from testimony given at the hearing on defendant's motion by Lt. Dan Lambert and Sgt. Robert Walliker of the Multnomah...

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