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STATE v. SPICER

456 P.2d 965 (1969)

STATE of Oregon, Respondent, v. Roy Lee SPICER, Appellant.

Supreme Court of Oregon, Department 2.

Decided July 16, 1969.

Attorney(s) appearing for the Case

John Toran, Jr., Portland, argued the cause and filed a brief for appellant.

Jacob B. Tanzer, Asst. Chief Deputy Dist. Atty., Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

Before PERRY, C.J., and McALLISTER, GOODWIN, HOLMAN and MENGLER, JJ.

PERRY, Chief Justice.

The defendant Roy Lee Spicer was convicted of the crime of illegal possession of narcotics and appeals.

On the 17th day of November, 1966, the following affidavit to procure a search warrant was filed before a magistrate:

"I, Matt I. Bisenius, Being first duly sworn, on oath, depose and say, "That on November 9, 1966, an informant advised me that he had made several purchases of Marihuana from an individual later identified...

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