State v. Pennington

This is an appeal by the defendant from his conviction of robbery in the first degree. He assigns as error the denial of his motion to suppress as evidence the fruits of a search of his vehicle. He also assigns as error the refusal of the trial court to allow him to file a late notice of intention to rely upon the defense of alibi.

At about 3:15 a.m. on December 8, 1975, the Portland police radio described two cars which were "acting suspicious and possibly casing” Rico’s Pizza Parlor in southeast Portland. There had been a series of recent robberies of Rico’s and other restaurants in…