State v. Philpott

Defendant appeals his conviction for burglary in the first degree, assigning as error the denial of his pre-trial motion to suppress evidence, and the giving of a jury instruction based upon ORS 17.250(6) and (7),1 to which he made timely objection.

At approximately midnight, Officer Shaw, a Vale police officer, was driving to work when he observed a person step from an area of picnic benches on the Dairy Queen Drive-in lot, and cross the street in front of his vehicle. The person was wearing a Western-style shirt, hat, boots and Levi-type pants, and as he walked, he had very little body…