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STATE v. STAHLEY

492 P.2d 295 (1971)

STATE of Oregon, Appellant, v. Wayne Allan STAHLEY, Respondent.

Court of Appeals of Oregon, Department 2.

Decided December 27, 1971.

Attorney(s) appearing for the Case

Walter L. Barrie, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Patrick D. Gilroy, Oregon City, argued the cause for respondent. With him on the brief was William E. Schumaker, Oregon City.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

FOLEY, Judge.

This is an appeal by the state from an order of the Clackamas County Circuit Court suppressing evidence and quashing the search warant and affidavit in support thereof in a criminal case charging illegal possession of narcotics.

A search warrant for narcotics and narcotic paraphernalia was issued by the Clackamas County District Court on October 25, 1970, based upon an affidavit of a police officer. The search was conducted on the same day and...

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