Court of Appeals of Oregon October 2, 1978, No. 17-641, CA 10072 (State v. Fitzgerald)

lead-opinion

JOSEPH, J.

Defendant was convicted by a jury of burglary in the first degree, ORS 164.225. He contends that the court erred in denying his motion to suppress certain evidence.

On April 17, 1977, at approximately 1:30 a.m., the homeowner-victim’s dog started barking.