State v. Douglas

Defendant appeals from conviction of burglary. ORS 164.240. Two errors are assigned: (1) that a motion should have been allowed to suppress the seized contents of defendant’s suitcase, and (2) the instruction allowing conviction on a 10 to 2 verdict was error.

It is necessary to relate complicated facts in order to explain our decision on the first assignment.

At 1:30 a.m., February 15, 1970, the city marshal of Hines, Oregon (population 1400), received from nearby tavern operators a report of the breaking and entering of a service station.

The witnesses described the suspect as a young man…