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STATE v. McDONALD

456 P.2d 80 (1969)

STATE of Oregon, Respondent, v. Bennie Eddie McDonald, Appellant.

Supreme Court of Oregon, In Banc.

Argued and Submitted May 13, 1969.

Attorney(s) appearing for the Case

Oscar D. Howlett, Portland, argued the cause and filed a brief for appellant.

Jacob B. Tanzer, 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, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

DENECKE, Justice.

The only issue is, did the affidavit which was the basis for a search warrant state probable cause for the issuance of the warrant?

The affidavit stated as follows:

"I, Robert Trummer, being first duly sworn, on oath, depose and say, that I am a Portland Police officer, assigned to the narcotics squad; "That on November 1, 1967 I was in contact with a person who has furnished the Portland Police Department with a considerable...

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