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STATE v. DIAZ

473 P.2d 675 (1970)

STATE of Oregon, Appellant, v. Alberto Silvio DIAZ, Respondent.

Court of Appeals of Oregon, Department 2.

Decided August 21, 1970.

Attorney(s) appearing for the Case

Jacob B. Tanzer, Solicitor Gen., Salem, argued the cause for appellant. With him on the brief was Lee Johnson, Atty. Gen., Salem.

John S. Marandas, Portland, argued the cause for respondent. With him on the brief were Lekas, Dicey & Sherwood, Portland.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

SCHWAB, Chief Judge.

This is an appeal by the state pursuant to ORS 138.060(4) of a pretrial order in a criminal case suppressing as evidence the fruits of a search, dismissing the case, and rendering judgment for the defendant. Defendant had been charged in a two-count indictment with illegal possession of narcotics, namely, heroin and marihuana.

The question raised by this appeal is that of the existence of probable...

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